Agenda

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Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes – May 20, 2021 and June 11, 2021

Speakers/Presentations: The speakers list will be posted online at 8:30 a.m. on June 28, 2021

Communications/Reports

The Chief Planner and Executive Director, City Planning recommends that:

1. City Council enact the Zoning By-law amendments substantially in accordance with Attachment 1.

2. City Council authorise the City Solicitor to make such stylistic and technical changes to the Zoning By-law amendments as may be required.

This report proposes technical amendments to Zoning By-law 569-2013 to correct an error to the zoning by-law and overlay maps relating to 32x and 34 Woolton Crescent. The property at 32x Woolton Crescent is owned by the Toronto and Region Conservation Authority and 34 Woolton Crescent contains a detached house in private ownership. Consistent with the former City of North York Zoning By-law 7625, Zoning By-law 569-2013 zoned 32x Woolton Crescent as RD (Residential Detached) and 34 Woolton Crescent as ON (Open Space Natural); however, based on a recent review, the zone labels for these addresses should have been the reverse when originally applied. The proposed technical amendments will change the zoning of 32x Woolton Crescent from RD to ON and for 34 Woolton Crescent the zoning will change from ON to RD.

A corresponding technical amendment is proposed to the former City of North York Zoning By-law 7625.

There are no financial impacts associated with this report.

The Chief Planner and Executive Director, City Planning recommends that: 

1. City Council amend Zoning By-law 569-2013, as amended, for the lands shown as Block 1, Block 2 and Block 5 on the location map attached as Attachment 1 substantially in accordance with the recommended Zoning By-law Amendment attached as Attachment 5 to the report dated June 14, 2021, from the Chief Planner and Executive Director, City Planning.

2. City Council amend the Etobicoke Zoning Code and Site-specific Zoning By-law 1088-2002, for lands shown as Block 1, Block 2 and Block 5 shown on Attachment 1 substantially in accordance with the recommended Zoning By-law Amendment attached as Attachment 6 to the report dated June 14, 2021, from the Chief Planner and Executive Director, City Planning.

3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the recommended Zoning By-law Amendments as may be required.

4. Before introducing the necessary Bills contemplated in Recommendations 1, 2 and 3, above to City Council for enactment, City Council require the Chief Executive Officer, CreateTO, to submit an updated Functional Servicing Report and Hydrogeological Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water.

5. City Council request the Chief Executive Officer, CreateTO, in consultation with the Chief Planner and Executive Director, City Planning, to engage City partners and the development partner, to advance the detailed design of development requirements identified in Attachment 9 to the report dated June 14, 2021, from the Chief Planner and Executive Director, City Planning, to the satisfaction of the Chief Planner and Executive Director, City Planning, and to secure the delivery of the development requirements on terms, including details and timing, in a Lease Agreement with the development partner.

6. City Council direct that any application for planning approvals within the seven blocks of the Bloor-Kipling (Six Points) area be reviewed in the context of the Bloor-Kipling Block Context Plan (December 14, 2020) included as Attachment 7 to the report dated June 14, 2021, from the Chief Planner and Executive Director, City Planning.

7. City Council direct the General Manger, Parks Forestry and Recreation to allocate funds that have been previously secured and collected by the City through Section 37 agreements, to any of the following parks for the purpose of park design and construction: Etobicoke Centre Park (Block 2), Dunkip Park, Six Points Park (Expansion), and the Historical Alignment of Dundas Street West (Park). Such Section 37 community benefits have been obtained from the following developments:

a. 64-70 Cordova Avenue, secured for Parks and Recreation Facilities, in the amount of $615,616.03 (source account number XR3026-3700791).

b. 5365 Dundas Street West, secured for Parks Improvements, in the amount of $392,672.38 (source account number XR3026-3700781).

c. 8 Fieldway Road, secured for Parks Improvements, in the amount of $21,526.80 (source account number XR3026-3700540).

d. 5239, 5245 and 5249 Dundas Street West and 2 Aukland Road, secured for Park Improvements, in the amount of $305,173.30 (source account number XR3026-3700930).

e. 64-70 Cordova Avenue (5 Mabelle Avenue), secured for Park Improvements, in the amount of $105,670.84 (source account number XR3028-4500212).

8. City Council direct the General Manager, Parks, Forestry and Recreation to allocate funds that have been previously secured and collected by the City through Section 37 agreements, to a new multi-use path utilizing the Hydro One Corridor from Six Points to Burnhamthorpe Road. Such Section 37 community benefits have been obtained from the following developments:

a. 3391 Bloor Street West, secured for Public Realm Improvements, in the amount of $25,408.00 (source account number XR3026-3700057).

9. City Council authorize the General Manager, Parks, Forestry and Recreation, to enter into the City's standard form agreements, with insurance, release and indemnity in favor of the City, for tieback installations and crane swings, for future parks within the Six Points area.

10. City Council request the General Manager, Parks, Forestry and Recreation to undertake public consultation for the design and development of future parks within the Six Points area.

Bloor-Kipling (Six Points) is a group of seven publicly-owned blocks that have been created through the decommissioning of the Six Points Interchange and the City's significant infrastructure investment to support the development of Etobicoke Centre as a vibrant mixed-use transit-oriented community. The seven blocks include the future site of the new Etobicoke Civic Centre, a new Etobicoke Centre Park, and five blocks for new mixed-use development. In 2019, City Council approved the five Bloor-Kipling blocks for inclusion in Phase 1 of the Housing Now Initiative through EX1.1 "Implementing the Housing Now Initiative".

The City and CreateTO have undertaken the completion of a comprehensive Block Context Plan for Bloor-Kipling and supporting technical reports, to set the foundation and guiding principles for a phased implementation of the development vision for these lands, including the provision of new affordable rental housing as part of the City's Housing Now Initiative.

This report recommends approval of City-initiated amendments to the Etobicoke Zoning Code and Site-specific Zoning By-law 1088-2002 and the City-wide Zoning By-law 569-2013, as amended (the "Zoning By-law Amendment"), to permit a mixed-use development on Blocks 1 and 5, and a new public park on Block 2. Approval of the recommended Zoning By-law Amendments will permit 107,335 square metres of new development, including 99,044 square metres of residential gross floor area, which will yield approximately 1,229 new housing units, of which one third, approximately 409 units, will be new affordable rental housing. Blocks 1 and 5 will also provide a minimum of 8,220 square metres of non-residential gross floor area, creating opportunities for new retail and commercial spaces to support the mix of uses and local employment in Etobicoke Centre.

The recommended Zoning By-law Amendments are consistent with the Provincial Policy Statement (2020) and conform with the Growth Plan for the Greater Golden Horseshoe (2020). The Block Context Plan for Bloor-Kipling conforms with the City's Official Plan and is a significant step towards redevelopment of the Six Points area, as set out in the Etobicoke Centre Secondary Plan.

The Block Context Plan for all blocks within Bloor-Kipling (including the Etobicoke Civic Centre) establishes a 3:1 ratio of residential space to non-residential space to maintain a balance of uses. The majority of new community services and facilities and office uses are proposed to be contained within the new Etobicoke Civic Centre. Each development block provides for a mix of retail and commercial spaces, which will ensure that Provincial and City policy objectives for non-residential use in the Centre can be met. New residential units at Bloor-Kipling being offered at market rent or as ownership housing will meet the City's Growing Up Guidelines with respect to the provision of new 2- and 3-bedroom units sized to house families and larger households. Blocks 1 and 5 will be designed to meet the Toronto Green Standard Tier 2 Version 3, in accordance with Council direction for the Housing Now Initiative.

The unique approach to the built form will contribute to a distinct character for Etobicoke Centre, which emphasizes quality of the public realm, mobility, and connectivity to higher order transit at the Kipling Mobility Hub.

Blocks 1 and 5, the two mixed-use blocks will remain as City property and will be leased to a developer for the construction, and contractual provision of the affordable housing component for a term of 99 years. The partner on each block will be responsible for detailed design and submission of a Site Plan Control application based on technical work that has been undertaken by CreateTO and City divisions to support the proposed development concept, in addition to other obligations of the lease agreements related to the provision of new affordable housing.

Housing Now Initiative

The recommendations in this report have no immediate financial impact. Possible future financial impacts arising from this initiative are unknown at this time and will be presented to Council for consideration through a report or future year budget processes.

As part of its decision on January 31, 2019, City Council approved funding and financial incentives for 11 properties under the Open Door Program through item EX1.1 to support the creation of up to 3,700 affordable rental units in phase one of the Housing Now Initiative. The report estimated investments of approximately $280 million in City incentives (foregone revenue) over a 99-year term as well as an allocation of $20 million from the City Building Fund to support the pre-development work necessary to activate the identified properties.

The January 31, 2019 decision also recommended that the Chief Financial Officer and Treasurer, in consultation with the Deputy City Manager, Corporate Services, and Executive Director, Housing Secretariat, identify appropriate funding solutions to address operational needs identified by City divisions or agencies on the 11 properties and to seek funding approval in future budget cycles, as required.

In line with Council direction, funding to support the implementation of "Housing Now" is included in Housing Secretariat's Approved 2021 – 2030 Capital Budget and Plan.

Parks, Forestry & Recreation

The 2021-2030 Council Approved Capital Budget and Plan for Parks, Forestry and Recreation currently includes capital project costs for the park design and construction of Etobicoke Centre Park (Block 2), Dunkip Park, and Six Points Park (Expansion).

Table 1: Projects included in the 2021-2030 Council Approved PFR Capital Budget and Plan

A capital project for the Historical Alignment of Dundas Street West (Park) will be included in the 2022-2031 Parks, Forestry and Recreation Capital Budget and Plan submission for City Council's consideration.

This report's Recommendation 7 identifies a total of $1,440,659.35 in community funds generated from Section 37 community benefits to be allocated to any of these parks for the purpose of park design and construction.

In addition, the potential for a multi-use trail connecting the Six Points area with Burnamthorpe Road has been identified. This multi-use trail would be contained within the Hydro One Corridor. Staff are recommending that City Council direct the General Manager, Parks, Forestry and Recreation to allocate funds that have been previously secured and collected by the City through Section 37 agreements in the amount of approximately $25,408, as outlined in Recommendation 8, to commence a feasibility study for this new green connection to the Centre.

Based on the project readiness and staff capacity to deliver, cash flow requirements funded by these additional secured community benefits will be added to the 10-Year Capital Plan for PFR through the future budget process accordingly when these park development projects are ready to proceed.  

Operating impacts associated with ongoing park maintenance upon completion, if needed, will also be submitted for City Council consideration in the future Operating Budget submissions for Parks, Forestry and Recreation.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Chief Planner and Executive Director, City Planning recommends that:

1. City Council amend Zoning By-law 569-2013, as amended, for the lands at 405 Sherbourne Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to this report.

2. City Council amend Zoning By-law 438-86, as amended, for the lands at 405 Sherbourne Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to this report. 

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

4. Before introducing the necessary Bills contemplated in Recommendations 1 and 2, above, to City Council for enactment, City Council require the Chief Executive Officer, CreateTO, to submit an updated Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

5. City Council request the Chief Executive Officer, CreateTO, in consultation with the Chief Planner and Executive Director, City Planning, to engage City partners and the housing provider, to advance the detailed design of development requirements identified in Attachment 10 to the satisfaction of the Chief Planner and Executive Director, City Planning, and to secure the delivery of the development requirements on terms, including details and timing, in a Lease Agreement with the housing provider.

6. City Council direct that any future planning applications for 405 Sherbourne Street, including an application for Site Plan control be reviewed in the context of the 405 Sherbourne Street Design Brief (May 2021), provided as Attachment 11 to this report.

7. City Council authorize the highway alterations to remove the lay-by on the east side of Sherbourne Street, from a point 118.0 metres north of Carlton Street to a point 35.0 metres further north, as shown in Drawing No. 421T-0141 dated April 2021 in Attachment 12 to this report.

8. City Council rescind the designated taxi stand for two taxis in effect at all times on the east side of Sherbourne Street, between a point 130 metres north of Carlton Street and a point 141 metres north of Carlton Street.

9. City Council authorize the General Manager, Transportation Services, to enter into any necessary agreements with the future City-selected housing provider and lessee of 405 Sherbourne Street to provide a transfer of funds required to pay for the full cost associated with the removal of the lay-by on the east side of Sherbourne Street and realignment and reconstruction of the Sherbourne Street cycle track, to specifications provided by Transportation Services, and through the appropriate capital program identified by Transportation Services at the time of construction.

The Toronto Parking Authority parking lot known as 405 Sherbourne Street, is a City-owned property and one of six sites approved by City Council in May 2020 for inclusion in Phase Two of the Housing Now Initiative. This report recommends approval of a City-initiated Zoning By-law Amendment to permit a 26-storey mixed-use building with 267 rental dwelling units, of which between 33% - 50% of new units will be provided as affordable housing, and at least 168 square metres of community facility space for a not-for-profit institution will be provided. The proposal includes an enhanced public realm through a landscaped mid-block pedestrian connection between Sherbourne Street and Bleecker Street.

The site will remain in City ownership and will be leased to a non-profit housing provider for a term of 99 years. The housing provider will be responsible for detailed design and submission of a Site Plan Control application based on technical work that has been undertaken by CreateTO and City divisions to support the proposed development concept in addition to other obligations related to the provision of new affordable housing. The development will contribute to a mixed-income, inclusive community.

The recommended Zoning By-law Amendments are consistent with the Provincial Policy Statement (2020), conforms with A Place to Grow: Growth Plan (2020), conforms with the City's Official Plan including the Downtown Plan, and is consistent with the Cabbagetown Northwest Heritage Conservation District Plan.

This report also recommends the removal of an existing on-street layby on Sherbourne Street, currently designated as a taxi stand for two vehicles, to allow for streetscaping improvements.

In May, 2020, through Item PH14.3, City Council adopted Phase Two of the Housing Now Initiative and approved Open Door incentives of approximately $48 million to support the creation of up to 620 new affordable rental units in six sites across the city. 405 Sherbourne Street is included in the Phase Two list of properties.

405 Sherbourne Street

Through the 2021 budget process, Council approved $457,500 in pre-development funding for 405 Sherbourne Street. It is anticipated that this budget will be sufficient and there will be no net new impact to the City as a result of the recommendations in this report.

Possible future year financial impacts are unknown at this time and will be determined through the design and planning approval process for City Council consideration through the budget process or a standalone report.

Any additional resource implications related to implementing the Housing Now Initiative, including additional pre-development and personnel costs, will be identified and presented to Council for consideration as part of the 2022 Budget Process.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Chief Planner and Executive Director, City Planning recommends that:

1. City Council approve the alterations to the heritage property at 405 Sherbourne Street, in accordance with Section 42 of the Ontario Heritage Act, to allow for the construction of a 26-storey mixed use building on the lands known municipally in the year 2021 as 405 Sherbourne Street, with such alterations substantially in accordance with plans and drawings dated April 19, 2021, prepared by SvN Architects + Planners and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated March 9, 2021 and on file with the Senior Manager, Heritage Planning, subject to the following additional conditions:

a. That prior to final Site Plan Approval for the proposal, for the property located at 405 Sherbourne Street the owner shall:

1. Provide final site plan drawings to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning.

3. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

b. That prior to the issuance of any permit for all or any part of the property at 405 Sherbourne Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing parking lot as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. Provide building permit drawings, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning.

This report recommends that City Council approve the alterations proposed for the Part V designated heritage property at 405 Sherbourne Street in connection with a proposed development of the subject property.

The proposal is for a 26-storey mixed-use building that is part of the Housing Now Initiative. The new building will replace an existing surface parking lot. There are no heritage buildings on the site, but there are several heritage buildings adjacent to the site.

The impacts of the proposed development on the Cabbagetown Northwest Heritage Conservation District are appropriately mitigated through the compatible design of the new construction. In addition, the proposal will serve the public interest by providing 267 new rental housing units, of which between 33 - 50 percent will be new affordable rental housing units in accordance with the Housing Now Initiative.

There are no financial implications resulting from the adoption of this report.

The Toronto Preservation Board recommends to the Planning and Housing Committee that:

1. City Council approve the alterations to the heritage property at 405 Sherbourne Street, in accordance with Section 42 of the Ontario Heritage Act, to allow for the construction of a 26-storey mixed use building on the lands known municipally in the year 2021 as 405 Sherbourne Street, with such alterations substantially in accordance with plans and drawings dated April 19, 2021, prepared by SvN Architects + Planners and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning; and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated March 9, 2021 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, subject to the following additional conditions:

a. That prior to final Site Plan Approval for the proposal, for the property located at 405 Sherbourne Street the owner shall:

1. Provide final site plan drawings to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

b. That prior to the issuance of any permit for all or any part of the property at 405 Sherbourne Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing parking lot as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the owner shall:

1. Provide building permit drawings, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

At its meeting on June 16, 2021 the Toronto Preservation Board considered Item PB25.4, a report (June 1, 2021) from the Chief Planner and Executive Director, City Planning on Alterations to a Heritage Property Designated under Part V of the Ontario Heritage Act - 405 Sherbourne Street.

This report recommends that City Council approve the alterations proposed for the Part V designated heritage property at 405 Sherbourne Street in connection with a proposed development of the subject property.

The proposal is for a 26-storey mixed-use building that is part of the Housing Now Initiative. The new building will replace an existing surface parking lot. There are no heritage buildings on the site, but there are several heritage buildings adjacent to the site.

The impacts of the proposed development on the Cabbagetown Northwest Heritage Conservation District are appropriately mitigated through the compatible design of the new construction. In addition, the proposal will serve the public interest by providing 267 new rental housing units, of which between 33 - 50 percent will be new affordable rental housing units in accordance with the Housing Now Initiative.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to this report.

2. City Council amend North York Zoning By-law 7625, York Zoning By-law 1-83, Toronto Zoning By-law 438-86, Leaside Zoning By-law 1916, East York Zoning By-law 6752, Scarborough Employment Districts Zoning By-law 24982, Municipal Shelter By-law, and the Etobicoke Zoning Code substantially in accordance with the draft Zoning By-law Amendment attached as Attachments 2 to 9 to this report.

3. City Council amend City of Toronto Zoning By-law 569-2013 for 60 Starview Lane substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to this report.

4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

5. City Council resolve and declare that the decision to amend the zoning by-laws attached as Attachments 1-10 to this report conforms to the Growth Plan (2019) as amended, has regard to matters of Provincial interest listed in Section 2 of the Planning Act, and is consistent with the Provincial Policy Statement (2020) issued under Section 3 of the Planning Act.

Toronto's Official Plan includes extensive policies that recognize the importance of Employment Areas to provide for a broad and diverse employment base. On December 10, 2019, the Planning and Housing Committee endorsed a proposed two-phased zoning framework to bring the City's zoning by-laws into conformity with Official Plan Amendment 231 (OPA 231), Employment Areas policies.

Phase 1 of the review involves the removal of sensitive land uses as permitted uses in all former general zoning by-laws and the city-wide Zoning By-law for lands designated as Employment Areas in the Official Plan.

This report summarizes the Phase 1 review and recommends amendments to all of the in-force zoning by-laws to remove permissions for sensitive land uses or other land uses that are not permitted in General Employment Areas or Core Employment Areas under the policy direction of OPA 231. This report also describes the next steps for Phase 2 of the review.

There are no financial implications resulting from the recommendations included in this report, beyond what is included in City Planning's approved 2021-2030 Capital Budget and Plan.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The City Planning Division recommends that:

1.  Staff schedule a community consultation meeting for the application located 2180-2210 Yonge Street, 15 Eglinton Avenue West and 20 and 46 Berwick Avenue together with the Ward Councillor.

2.  Notice for the community consultation meeting be given to landowners and residents within 120 metres of the application site, and to additional residents, institutions and owners to be determined in consultation with the Ward Councillor, with any additional mailing costs to be borne by the applicant.

This report provides information and identifies a preliminary set of issues regarding the application for a phased 5-tower development located at 2180-2210 Yonge Street, 15 Eglinton Avenue West and 20 and 46 Berwick Avenue, also known as Canada Square.

The application has been circulated to all appropriate agencies and City divisions for comment. City Planning staff will proceed to schedule a community consultation meeting for the application with the Ward Councillor.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Director, Community Planning, Toronto and East York District recommends that:

1. The Planning and Housing Committee receive the report (March 30, 2021) from the Director, Community Planning, Toronto and East York District, for information.

The Yonge-Eglinton Secondary Plan identifies the southwest quadrant of the Yonge-Eglinton Crossroads Character Area as one of the Plan's Special Study Areas. This report provides further information regarding the comprehensive study called for in the Plan to address development criteria including: building heights; transition in height and a new public street.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in the report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council request the Chief Planner and Executive Director, City Planning to consider the vision and priorities identified in Attachment 1 to this report, in the review of the Zoning By-law Amendment application for the site at 2180-2210 Yonge Street, 15 Eglinton Avenue West, and 20 and 46 Berwick Avenue, and apply them to the extent the priorities are consistent with existing and emerging policy, and report back with a Final Report and a recommended Zoning By-law Amendment no later than the second quarter of 2022.

On April 7, 2021, City Council requested the Chief Planner and Executive Director, City Planning to provide a Special Study Area Report with Guiding Principles, consistent with the intent of the applicable policy, for the redevelopment of Canada Square and the Yonge Street corridor north of Eglinton Avenue following working group meetings supported by an inter-Divisional staff team.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in the report in the current budget year or in future years.

The Chief Planner and Executive Director, City Planning recommends that:

1.  Planning and Housing Committee direct that the Draft Planning Framework, comprised of the Draft Parks and Public Realm Plan, Draft Focus Areas, Draft Land Use Plan and Preliminary Assessments of Employment Area Conversions, appended to the report dated June 14, 2021 from the Chief Planner and Executive Director, City Planning, in Attachments 3, 4, 5 and 6, respectively, and the Draft Policy Directions contained within this report, be endorsed as the basis for public consultation.

2.  Planning and Housing Committee direct City Planning staff to consult with the public and key stakeholders, including landowners, businesses and agencies, to obtain comments and feedback on the Draft Planning Framework and Draft Policy Directions.

3.  Planning and Housing Committee direct the Chief Planner and Executive Director, City Planning to prepare a draft Official Plan Amendment for the Keele-St. Clair Local Area Study, based on the attached Draft Planning Framework and further public consultation, for Planning and Housing Committee's consideration on September 21, 2021.

4.  Planning and Housing Committee authorize the Chief Planner and Executive Director, City Planning to use the Draft Official Plan Amendment for the Protected Major Transit Station Area (PMTSA) delineation and associated policies, forming Attachment 7 to this report, as the basis for consultation.

This report recommends land use and policy directions pertaining to the Keele-St. Clair Local Area Study ("KSC LAS") conducted as part of the current Municipal Comprehensive Review ("MCR") and Growth Plan Conformity Exercise of the City of Toronto Official Plan under Section 26 of the Planning Act.

This report also:

- presents the results of the preliminary KSC LAS public consultations held between September and December, 2020;

- provides Preliminary Assessments of potential conversions of Employment Areas within the KSC LAS, including formal conversion requests received as part of the current MCR; and

- provides a Draft Official Plan Amendment ("OPA") for a Protected Major Transit Station Area ("PMTSA") for the planned St. Clair-Old Weston SmartTrack/GO Transit Station located at 2-80 Union Street.
 

The land use and policy directions in this report respond to Planning and Housing Committee's direction to prioritize the Keele-St. Clair area as part of the MCR and Growth Plan Conformity Exercise in response to the planned SmartTrack/GO Transit station and other transportation, transit and infrastructure improvements approved through the St. Clair Avenue West Area Transportation Master Plan.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in the report in the current budget year or in future years.

The Executive Director, Housing Secretariat, recommends that:  

1.  City Council authorize the Executive Director, Housing Secretariat, to direct a consultant to review the City's affordable home ownership policy and programs framework.

2.  City Council authorize the Executive Director, Housing Secretariat, to include in the consultant's review of the City's affordable home ownership policy and programs framework consultations with Corporate Finance, Financial Planning, City Planning, the Indigenous Affairs Office, Social Development, Finance and Administration, Toronto Community Housing Corporation, CreateTO, non-profit affordable home ownership developers, private sector developers with an interest in delivering affordable home ownership opportunities, community stakeholders including Toronto Community Housing Corporation tenants, and all other City entities or stakeholder groups deemed relevant by the Executive Director, Housing Secretariat.

3.  City Council authorize the Executive Director, Housing Secretariat, to direct the consultant reviewing the City's affordable home ownership policy and programs framework to address affordable home ownership opportunities for equity-seeking and racialized populations, including Indigenous communities and Black communities, in consultation with the City's Indigenous Affairs Office and Social Development, Finance and Administration Division.

4.  City Council direct the Executive Director, Housing Secretariat, to report to Council with any recommended affordable home ownership program or policy changes resulting from the review addressed in recommendation number 1 and 3, by the first quarter of 2022.

The purpose of this report is to outline current and upcoming activities related to affordable ownership housing in Toronto, including the Housing Secretariat's plan to review the City's affordable home ownership program delivery model and policy framework.

A variety of initiatives are pending or underway at the City related to affordable home ownership, including: the implementation of the Auditor General's recommendations to review and improve the City's delivery of affordable ownership programs; new non-profit program innovations and private sector interest in affordable ownership program delivery; federal and provincial government interest and support for affordable ownership; a proposed new Official Plan definition of affordable ownership housing; and consideration of a final recommended Inclusionary Zoning policy framework.

In the context of these various activities plus Toronto's strong housing market and historically high housing costs, a review of the City's affordable home ownership policy framework and programs is timely. The Housing Secretariat will commission a third-party consultant to undertake this review, which will include consultations with key affordable housing stakeholders, including representatives from equity-deserving groups, and affordable ownership developers.

The proposed affordable ownership review will inform and provide guidance to the City on how its housing programs and policies should evolve to reflect current market realities, as well as to support the HousingTO 2020-2030 Action Plan targets of achieving 400 new affordable home ownership opportunities each year. The review will also recommend actions to ensure that the City's priority groups, including Indigenous and Black households, are able to access the City's program. Staff will report to Council by the first quarter of 2022 with any recommended program or policy changes resulting from the review, including details of stakeholder feedback and advice to make the home ownership program more accessible for historically disadvantaged groups.

There are no new financial impacts arising from the recommendations contained in this report. The proposed consultant's review of the City's affordable home ownership policies and programs will be funded from the 2021 Approved Operating Budget of the Housing Secretariat.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial implications as identified in the Financial Impact section.

The Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, Acting Fire Chief and General Manager, Toronto Fire Services, and Medical Officer of Health recommend that:   

1. City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required.

New multi-tenant house licensing by-law 

3. City Council direct that, effective November 1, 2022, a new by-law titled Toronto Municipal Code Chapter 575, Multi-tenant Houses, be established substantially in the form attached as Attachment 4 and in accordance with City Council's decision to adopt the by-law.

4. City Council repeal former City of Toronto Chapter 285, Rooming Houses, and former City of Etobicoke Chapter 166, Lodging Houses effective November 1, 2022.

Definitions

5. City Council direct that the new by-law include the following definitions:

MULTI-TENANT HOUSE –

(1) A building with four or more multi-tenant house rooms, inhabited or intended to be inhabited by persons who do not live together as a single housekeeping unit.

For the purposes of this definition of a multi-tenant house, a “multi-tenant house room” is a room that:

(a) Is used or intended to be used for living accommodation and is used or intended to be used as a bedroom;

(b) Is available for rent; and

(c)  May include a bathroom or kitchen facilities for the exclusive use of the room's occupant but does not include both.

(2) A building located within the area bounded on the north by Dundas Street West, on the east by Dufferin Street and the rail lines, on the South by Lake Shore Boulevard West and on the west by Roncesvalles Avenue, where:

(a) The building is a converted house as defined in former City of Toronto General Zoning By-law No. 438-86;

(b) The building contains more than three dwelling units;

(c)  The average floor area of the dwelling units is less than 65 square metres; and

(d) One or more dwelling units are intended to be used in return for remuneration.

For the purposes of this definition of a multi-tenant house, a "dwelling unit" is living accommodation for persons living together as a single housekeeping unit, in which both food preparation and sanitary facilities are provided for the exclusive use of the occupants of the unit.

(3) A student fraternity or sorority house with four or more bedrooms, inhabited or intended to be inhabited by students who are members of an active chapter of a bona fide national or international student fraternity or sorority.

For the purposes of this definition of a student fraternity or sorority house, a “bedroom” is a room that:

(a) Is used or intended to be used as a bedroom; and

(b) May include a bathroom or kitchen facilities for the exclusive use of the room's occupant but does not include both.

(4) A multi-tenant house does not include:

(a) Residential premises licensed or similarly approved of by the Government of Ontario or the Government of Canada;

(b) Shelters operated by or on behalf of the City or a City agency which provide short-term emergency accommodation and associated services;

(c)  Student housing operated by a college or university;

(d) Co-operative student residences owned or leased by a non-profit, non-share corporation and providing housing accommodation on a co-operative basis; or

(e) Hotels or motels.

OPERATOR — A person who owns or controls the business of operating a Multi-Tenant House.

PERSONAL-CARE MULTI-TENANT HOUSE – A multi-tenant house where personal-care services are provided.

PERSONAL-CARE SERVICES –

(1) Services provided to tenants including but not limited to furnished multi-tenant house rooms, 24-hour urgent care response, safe storage and access to prescribed drugs, meals and snacks, personal laundry and opportunity to participate in social and/or recreational activities.

(2) Personal-care services do not include services provided by a regulated health professional

URGENT SERVICE REQUEST - Any tenant service request related to the discontinuance of the following vital services:

(1) Fuel;

(2) Electricity;

(3) Gas;

(4) Heat; and

(5) Hot or cold water.

Multi-tenant house licensing

6. City Council direct that no person operate without the appropriate licence and that all operators operate in compliance with the chapter, their licence, and any conditions added to their licence.

7. City Council direct that when a completed application to renew a licence has been provided to the Executive Director, Municipal Licensing and Standards, the existing licence does not expire until a final decision on the licence renewal has been made and the operator shall maintain their existing licence in good standing including remaining responsible for the operation of the multi-tenant house in compliance with the chapter at all times.

8. City Council direct that the following two licence categories be established for multi-tenant houses:

(1) Type A: Multi-tenant house (which is not a personal-care multi-tenant house); and

(2) Type B: Personal-care multi-tenant house.

9. City Council direct that the term of a multi-tenant house licence be 12 months unless otherwise provided for in the chapter, and that each operator must renew their licence each year by submitting a renewal application.

10. City Council require that an applicant for an initial licence provide the following information to the Executive Director, Municipal Licensing and Standards (MLS), as part of their application, and that the Executive Director determine what an applicant must submit as part of a licence renewal application:

(1) The name and contact information of the operator;

(2) The address of the property where the multi-tenant house is located;

(3) The name and contact information of the property owner;

(4) For multi-tenant houses that contain 10 or more multi-tenant rooms or dwelling units on first applying for a licence under this chapter, or for any multi-tenant house where required by the Executive Director, proof of an electrical evaluation by a licensed electrical contractor or qualified person; logs of service; and/or a certificate of inspection from the Electrical Safety Authority that confirms the multi-tenant house complies with the Ontario Electrical Safety Code;

(5) Proof of compliance with zoning when applying for an initial licence and a statement confirming no change to such compliance on renewal where appropriate;

(6) Plans showing: compliance with the Ontario Fire Code; the exterior and interior layout of the premises; the maximum number of tenants to be provided with living accommodation; and the processes for waste management, property management, tenant service requests and pest management;

(7) For Personal-care multi-tenant houses, the name and contact information for the person-in-charge and proof of the qualifications of the operator and their staff to ensure the proper care of tenants, including educational requirements and background checks.

(8) For Personal-care multi-tenant houses, a safety plan that describes the measures and procedures that are in place to protect the health and safety of the tenants in a form satisfactory to the Medical Officer of Health;

(9) For Personal-care multi-tenant houses, a personal care plan that describes how the operator will manage tenant admissions and tenant care in a form satisfactory to the Medical Officer of Health;

(10) The application or renewal fee for the licence set out in Chapter 441, Fees and Charges; and

(11) Any other information as required by the Executive Director, MLS, or the Medical Officer of Health.

11. City Council direct that on receipt of a complete application, the operator, Municipal Licensing and Standards, provide notice to the tenants of the multi-tenant house by posting the notice of application on the notice board in the multi-tenant house.

12. City Council direct that upon submission of a complete application, the Executive Director, Municipal Licensing and Standards, may cause an inspection to be made of the multi-tenant house by any authority having jurisdiction to determine whether the multi-tenant house complies with all applicable law, including the Ontario Fire Code and Ontario Building Code.

13. City Council direct that the Executive Director, Municipal Licensing and Standards, may issue a licence for a multi-tenant house where:

(1) The licence application is complete and in compliance with the chapter, including the payment of any required fee; and

(2) The required inspections have been completed and the results provided to the Executive Director, MLS, indicate that the premises complies with the applicable by-laws and laws, including the Ontario Fire Code and the Ontario Building Code.

14. City Council direct that the Executive Director, Municipal Licensing and Standards, may refuse an application for a licence where:

(1) The operator has not met one or more of the requirements under the chapter or one of more of conditions on their current licence;

(2) The operator has not complied with the chapter or applicable law, including the Ontario Fire Code and the Ontario Building Code;

(3) The licence applicant or the operator has provided information in an application or by other means that is false or misleading;

(4) The operator has not paid any fee to be paid under the chapter;

(5) The operator has not paid any fine or court awarded costs resulting from a legal proceeding related to the chapter;

(6) The operator has not complied with any prohibition or other court order resulting from any legal proceeding related to the chapter;

(7) The operation of the multi-tenant house:

(a) Would put the public safety at risk; or

(b) Is not or will not be carried on in compliance with the law.

(8) The conduct of the operator (including, in the case of partnership, the conduct of its partners, employees or agents or in the case of a corporation, the conduct of its officers, directors, employees or agents) affords reasonable grounds for belief that the operator will not operate the multi-tenant house in compliance with the law or with honesty or integrity.

15. City Council direct that where the Executive Director, Municipal Licensing and Standards, refuses an application for a licence, notice shall be provided to the applicant together with the reasons for the refusal.

16. City Council direct that an applicant may appeal a refusal of an application to the Multi-Tenant House Licensing Tribunal by filing an appeal in a form satisfactory to the Multi-Tenant House Licensing Tribunal to the tribunal by no later than 30 days from the date of the refusal.

17. City Council direct that where an applicant appeals a refusal of an application to the Multi-Tenant House Licensing Tribunal, the Tribunal will schedule a hearing, notifying applicant and the Executive Director, Municipal Licensing and Standards who will provide the Tribunal with the refusal on receiving the notice.

18. City Council direct that the Executive Director, Municipal Licensing and Standards may, at any time, refer a licence application or a licence to the Multi-Tenant House Licensing Tribunal with a recommendation that the licence be refused, revoked, suspended or continued with conditions, and that the referral include the reasons for that recommendation.

19. City Council direct that where an applicant appeals a refusal or a recommendation from the Executive Director, Municipal Licensing and Standards, is referred, the Multi-Tenant House Licensing Tribunal will preside over a hearing, after giving notice to the applicant or licence holder and the Executive Director, MLS, where the Multi-Tenant House Licensing Tribunal, and render decisions based on the evidence presented in accordance with the Tribunal's Procedure By-law and the Statutory Powers Procedure Act and may:

(1) Uphold the recommendation of the Executive Director, Municipal Licensing and Standards;

(2) Issue (with or without conditions), refuse, suspend or revoke the licence; or

(3) Add conditions to the licence.

20. City Council direct that the Tribunal be authorized to attach conditions to a licence including, but not limited to requiring the operator to:

(1) Comply with by-laws or other laws or legal requirements and provide proof of such compliance;

(2) Pay a fine or other court awarded costs resulting from a legal proceeding related to this chapter and to provide proof of such payment;

(3) Comply with a prohibition or other court order resulting from a legal proceeding related to the chapter and to provide proof of such compliance;

(4) Supply additional information on convictions under federal or provincial legislation or periodic updates of such convictions or both to the Executive Director, Municipal Licensing and Standards;

(5) Supply information to verify evidence given at their hearing; or

(6) Ensure that the persons operating a multi-tenant house do so in compliance with the law and with honesty and integrity.

21. City Council direct that the Multi-Tenant House Licensing Tribunal shall have regard to the following matters when relevant, as may be raised at a hearing:

(1) The chapter and other applicable law;

(2) Circumstances and facts raised by the evidence of the parties;

(3) If the operation of the multi-tenant house puts or could put public safety at risk;

(4) If the operation of the multi-tenant house is or will be carried on in compliance with the law; and

(5) If the conduct of the operator (including, in the case of a partnership, the conduct of its partners, employees or agents or in the case of a corporation, the conduct of its officers, directors, employees or agents) affords reasonable grounds for belief that the operator will not operate the multi-tenant house in compliance with the law or with honesty or integrity.

22. City Council direct that the Executive Director, Municipal Licensing and Standards, may revoke a licence with no refund where:

(1) The licence has been issued in error; or

(2) The licence has been issued as a result of inaccurate, misleading or otherwise incorrect information provided by the applicant.

And the Executive Director, Municipal Licensing and Standards, shall give notice to the Operator of the revocation.

23. City Council require that an operator must notify the Executive Director, Municipal Licensing and Standards, at least 90 days in advance of a change in operator with the new operator applying for a new licence while the existing operator maintains the multi-tenant house in compliance with the chapter in the interim.

24. City Council direct that no licence under the chapter shall be transferred.

25. City Council direct that all operators of Multi-Tenant Houses:

(1) Only use, rent or permit the use or rent of a multi-tenant house or dwelling unit in compliance with the chapter and applicable law;

(2) Repair and maintain the multi-tenant house in compliance with the chapter;

(3) Ensure that the operator responds immediately on inquiries about the operations of the multi-tenant house;

(4) Maintain a notice board which posts conspicuously in the multi-tenant house documents as required by the Executive Director, including updated copies of the licence, contact information in the case of emergencies, and up-to-date plans submitted as part of their most recent application;

(5) Comply with the most recent plans approved as part of the operator's application; and

(6) Maintain records of all electrical work done at the multi-tenant house and all work demonstrating compliance with the most recent plans approved as part of the operator's application.

Ending operations

26. City Council direct that unless otherwise required by law (including decisions of the Multi-Tenant House Licensing Tribunal), if an operator is ending their operation of a multi-tenant house, an operator shall:

(1) Submit to the Executive Director, Housing Secretariat, for their approval, a transition plan at least 210 days in advance of ending operations;

(2) On receiving approval of a transition plan from Executive Director, Housing Secretariat, deliver to each tenant a written notice at least 180 days in advance Indicating the date on which operations will end; and

(3) If a tenant, so requests, take reasonable steps to find appropriate alternate accommodation for the tenant and meet all Residential Tenancy Act requirements.

27. City Council direct that a transition plan of an operator of a multi-tenant house shall include:

(1) A statement that the operator intends to end operations;

(2) The date on which the operator intends to end operations;

(3) The operator's reasons for ending operations;

(4) A description of how the operator intends to use the building after ending operations;

(5) The date by which the operator will give each tenant written notice of the date on which operations will end;

(6) A list of alternate accommodation that may be available to tenants; and

(7) A list of community organizations that may be affected by the end of operations.

Personal-Care Multi-Tenant Houses

Operators, person-in-charge, and staff

28. City Council direct that an operator of a personal-care multi-tenant house, or, when the operator is a corporation, each director of the corporation, meet the following minimum qualifications, and on application and when requested by the Executive Director, provide documentation satisfactory to the Executive Director, MLS, that they:

(1) Are least 18 years of age;

(2) Hold an Ontario Secondary School Diploma (OSSD), or evidence of equivalent standing as determined by the Minister of Education;

(3) Have three years employment experience in work comparable to the administration of personal-care multi-tenant houses; and

(4) Have undergone a Vulnerable Sector Screening that meets the Screening Criteria.

29. City Council direct that a person-in-charge of a personal-care multi-tenant house meet the following minimum qualifications, and on application, renewal, or any time the person-in-charge changes, provide documentation satisfactory to the Executive Director, Municipal Licensing and Standards, that they:

(1) Are at least 18 years of age;

(2) Have current CPR and first aid training, as set out by the Medical Officer of Health;

(3) Have completed Grade 10 in an Ontario Secondary School Certificate, equivalent standing or evidence of one year employment experience working in a personal-care setting, or other standard satisfactory to the Medical Officer of Health; and

(4) Have undergone a Vulnerable Sector Screening that meets the Screening Criteria.

30. City Council direct that the operator of a personal-care multi-tenant house have a person-in-charge on-site 24 hours a day. The person-in-charge shall be responsible for, but not be limited to, ensuring the following:

(1) No tenant is denied access to supports, including access to alternative housing options which maintain or enhance the health and welfare of the tenant;

(2) The tenants are safe and secure;

(3) Inquiries from the neighbourhood and others such as tenant families or friends, are responded to immediately;

(4) Emergencies are handled in compliance with by-laws or other laws or legal requirements that apply and otherwise effectively and efficiently including emergency services being contacted immediately by the operator or staff if a tenant experiences a medical emergency; and

(5) There are sufficient staff on duty at all times.

Tenant admittance

31. City Council direct that operators of a personal-care multi-tenant house obtain from tenants an up-to-date assessment by a regulated health professional (physician, nurse, occupational therapist, physiotherapist), which includes the level of personal-care that the individual requires, as part of the tenancy application.

32. City Council direct that operators of a personal-care multi-tenant house provide each tenant the personal-care services that are set out in their assessment form.

33. City Council direct that if a tenant's needs exceed the level of care available in the personal-care multi-tenant house, the operator of a personal-care multi-tenant house assist in arranging transfer to a long-term care facility or other appropriate living arrangement, with agreement from the tenant.

34. City Council direct that the operator of a personal-care multi-tenant house to enter into a written tenancy agreement with each tenant, specifying all ongoing care services that will be provided.

35. City Council direct that operators of personal care multi-tenant houses collect and maintain the following in accordance with applicable law, with each being available to the City for inspection upon request:

(1) A file for each tenant containing:

(a) The tenant's name, date of birth and gender;

(b) The date the tenancy started;

(c)  The tenant's assessment;

(d) The tenancy agreement;

(e) The name, address and telephone number of the attending personal physician, if any;

(f) The name, address and telephone number of the next of kin or other person to notify in case of an emergency;

(g) A list of medication and/or other care prescribed by a regulated health professional;

(h) A list of any other agencies or organizations providing support to the tenant;

(i)   The name, address and telephone number of the tenant's attorney for personal care and/or attorney for property; and

(j)   A list of dates and particulars of any significant incidents involving the tenant while in the personal-care multi-tenant house.

(2) Records of the following incidents:

(a) An emergency, including a fire or unplanned evacuation of tenants;

(b) A sudden death, including a death resulting from accident or suicide;

(c)  A tenant absence of 24 hours or more;

(d) An attendance by a law enforcement agency or emergency services provider that results in a criminal charge against the operator, staff or a tenant or their transportation to a hospital or other emergency care facility; or

(e) An allegation of abuse, threat of violence or danger to the life of the operator, staff or a tenant.

(3) The safety plan and personal care plan provided as part of the application, which have been updated annually to address changes in operations.

36. City Council direct that the operator of a personal care multi-tenant house provides each tenant with:

(1) Physician care;

(2) Personal-care services;

(3) Food and nutritional services;

(4) Prescription drug services;

(5) Bathroom, bedroom, linen and laundry services.

Transition

37. City Council direct that licences held under former City of Toronto Chapter 285, Rooming Houses or former City of Etobicoke Chapter 166, Lodging Houses continue subject to those by-laws until they expire, at which time the operator much submit a new application under the new chapter.

Chapter 441, Fees and Charges

38. City Council direct a licensing fee for all multi-tenant house operators of $25 per multi-tenant house room or dwelling unit or bedroom for a new application and for licence renewals.

39. City Council direct an inspection fee of $150.

40. City Council direct that the schedule of multi-tenant house licensing fees be included in Chapter 441 as set out in Table 1.

Table 1:

41. City Council direct that all fees in Table 1 above, be waived for:

(1) Toronto Community Housing Corporation; and

(2) A non-profit provider of multi-tenant housing, including non-profit housing providers under a program administered by the City of Toronto. 

Enforcement

42. City Council direct that the new chapter include provisions to enable the City to conduct inspections, issue orders for compliance, take remedial action and take any other enforcement activities consistent with the authorities in the City of Toronto Act, 2006, including:

(1) Increasing the maximum fine to $100,000;

(2) Adding a special fine in an amount equal to any economic gain obtained from non-compliance;

(3) Including offences for obstruction and failure to provide information as required; and

(4) Designating each offence as a continuing offence.

43. City Council direct that for offences under the new chapter:

(1) The holding out, for example by advertising by any means, that a multi-tenant house is available for rent is, when entered as evidence, proof, in the absence of evidence to the contrary, that the building is a multi-tenant house; and

(2) When a building otherwise meets the definition of a multi-tenant house, the burden of proving that the persons using the building are living together as a single housekeeping unit is on the person charged.

Multi-Tenant House Licensing Tribunal

44. City Council direct that:

(1) A tribunal, composed of not fewer than six members, inclusive of a Chair and Vice-Chair, who are appointed by resolution of Council, is established under the name “Toronto Multi-Tenant House Licensing Tribunal” or "Multi-Tenant House Licensing Tribunal".

(2) The Multi-Tenant House Licensing Tribunal shall hear proceedings as a panel of three.

(3) The Multi-Tenant House Licensing Tribunal shall have the powers, duties and rights of a tribunal as applicable under the Statutory Powers Procedure Act.

(4) Court Services shall provide administrative support to the Multi-Tenant House Licensing Tribunal and shall attend all meetings of the Multi-Tenant House Licensing Tribunal and shall keep all necessary records and perform such other administrative duties as may be required.

(5) The Multi-Tenant House Licensing Tribunal does not have jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or by-law.

Conflict with Other By-laws

45. If there is a conflict between a provision of this chapter and a provision of any other Chapter of the Toronto Municipal Code, the provision that establishes the highest standard to protect the health, safety and well-being of persons shall apply.

Implementation

46. City Council authorize the City Solicitor, in consultation with the Executive Director, Municipal Licensing and Standards, to make such clarifications, minor modifications, technical or stylistic amendments to the new multi-tenant house licensing by-law, former City of Toronto Chapter 285, Rooming Houses, and/or former City of Etobicoke Chapter 166, Lodging Houses as may be required to give effect to City Council's decision including any required transition provisions. 

Provincial Oversight of Personal Care Multi-tenant Houses

47. City Council request that the Province of Ontario establish a regulatory oversight framework for personal care multi-tenant houses, including oversight by regulated health professionals, and inspection and enforcement by provincial inspectors.

48. City Council request that, in the absence of a provincial framework regulating personal care multi-tenant houses, the Province of Ontario provide funding to cover the related costs of the City of Toronto's proposed interim licensing, enforcement and compliance program to ensure that protections are in place for these vulnerable tenants.

Supporting Tenants

49. City Council direct the Executive Director, Housing Secretariat, in consultation with Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the Fire Chief and General Manager, Fire Services, and the General Manager, Shelter Support and Housing Administration, to report back by November 2021 with a set of recommendations aimed at supporting tenants in the event of required emergency relocations and/or unit closures.

The City of Toronto's quality of life, economic competitiveness, social cohesion, and its balance and diversity depend on current and future residents being able to access and maintain adequate, affordable and appropriate housing. This is critical now more than ever as the City is experiencing an affordable housing crisis that has been exacerbated due to the impacts of COVID-19. 

This report proposes the creation of a comprehensive city-wide regulatory framework for multi-tenant houses, one of the most affordable forms of housing, to respond to calls for deeply affordable and safe housing in all parts of the city. The framework uses a human rights lens and ensures regulatory oversight to protect tenant life safety and create liveable, well-maintained and affordable places to live that are part of complete communities. Multi-tenant houses are an important part of the housing stock in the city, and have provided affordable housing in Toronto for more than a century. 

Current zoning and licensing by-laws for multi-tenant houses are fragmented and have not been harmonized since amalgamation. The most current zoning regulations in the city-wide zoning by-law, 569-2013, remain un-harmonized and under appeal. Zoning only permits multi-tenant houses in the former City of Toronto and parts of the former City of Etobicoke, and former City of York. The zoning regulations and definitions for the use also vary across the different zoning by-laws.

Due to this lack of harmonization, people continue to operate unlicensed multi-tenant houses throughout the city, to meet demand. Residents are seeking affordable housing options where they work and have community ties, even if they are not permitted or in some cases are not safe. Unlicensed operations can result in inadequate and unsafe living conditions for tenants, as well as nuisance issues and wider community safety concerns for neighbours. The pathway to achieving safe, liveable and affordable multi-tenant houses starts with the recognition of these multi-tenant houses in zoning and licensing by-laws, which then enables regulatory oversight and effective enforcement. This recognition improves City zoning by-laws and reduces the risk of human rights violations and discriminatory actions. 

The need and demand for safe and affordable multi-tenant houses cannot be ignored. There are opportunities to broaden the permission for this use in a manner that is sensitive to community concerns, local context, and characteristics.  The proposed regulatory framework aims to balance the need for this type of affordable housing, the ability of the City to protect tenants and neighbours from unsafe living conditions, and reflect a sensitivity to the local context.

The report presents a comprehensive city-wide regulatory framework using a human rights-based approach, outlining the need for this affordable housing option city-wide and incorporating feedback from tenants, students, neighbours, operators, the public and other stakeholders.  It also provides a financial impact analysis of the proposed framework.

Human Rights-Based Approach

All orders of government have recently taken steps to apply a human rights lens to the development of housing legislation, policies and programs. In June 2019, the federal government enacted legislation which declared that it is the policy of the Government of Canada to recognize that the right to adequate housing is a fundamental human right affirmed in international law. As part of the HousingTO 2020-2030 Action Plan the City adopted a new Housing Charter with a specific principle that states "All residents have a right to a home in a complete community with equitable access to a range of opportunities to live, work, learn and play".  The proposed framework seeks to permit this affordable housing choice in all parts of the City and ensure they are operated safely for the benefit of tenants and their neighbours.

The Ontario Human Rights Commission (OHRC) states that municipalities not only have a responsibility to zone for land use and not people, they must “also take steps to apply a human rights lens to decisions that could result in the loss of affordable housing." The OHRC identifies multi-tenant houses as one form of affordable housing. It explicitly cites multi-tenant house zoning and regulations that act to reduce availability of affordable housing as an example of a municipal decision that may result in the loss of affordable housing. The Commission also states that unless municipalities take steps to mitigate the effects of this type of a decision on people who identify with Ontario Human Rights Code grounds (e.g. age, place of origin, family status and several other grounds), they may be at risk of human rights complaints.

The proposed framework aims to comply with federal, provincial and City policies related to human rights and housing.

Housing Affordability

Multi-tenant houses is one of the most affordable forms of housing in the city. According to an October 2020 report from the Maytree Foundation, the average market rent for a bachelor apartment in Toronto in 2019 was $1,148. While rents for multi-tenant homes vary across the city, they are generally between $400 to $700 for a room. In 2018, the most recent year the City's Street Needs Assessment was undertaken, 33 percent of people counted were recipients of Ontario Works (OW) and 21 percent were recipients of the Ontario Disability and Support Program (ODSP). The monthly housing benefit for an individual on OW is $390 and $497 for an individual on ODSP. This shows that over 50 percent of shelter users can only afford rent in shared accommodations such as multi-tenant houses. Before the COVID-19 pandemic, it cost approximately $3000 per month to support an individual in a shelter. This cost has since doubled. The report outlines that without the availability and an increase of safe, affordable and accessible options like multi-tenant houses city-wide, not only will Torontonians continue to suffer due to homelessness or unsafe living conditions, but it will cost all governments millions of dollars annually in shelter costs and housing allowances.

Public and Stakeholder Consultations

Since 2014, the City has held a number of public and stakeholder consultations on multi-tenant houses. In 2014, City Planning and Municipal Licensing and Standards (MLS) launched a multi-tenant house review to identify issues and opportunities related to multi-tenant houses in Toronto. Over the summer of 2017, City staff undertook public and stakeholder consultations on a proposed zoning approach for five pilot areas and licensing strategy as part of the second phase of the multi-tenant house review.

In November 2020, staff were directed to conduct city-wide public and stakeholder engagement on the new proposed regulatory framework. Public consultation was conducted in April and May 2021. City staff invited the public and key stakeholders from across the City to provide feedback on the proposed regulatory framework through the following initiatives:

Two virtual community meetings held on May 4 and May 11, 2021. 

Eleven virtual workshops with key stakeholder groups, such as tenants, students, owners and operators of multi-tenant houses, post-secondary institutions, ratepayer associations and housing-related organizations.

A questionnaire that could be completed online or by phone.

A Do-it-Yourself (DIY) Consultation Toolkit and grant program to encourage community groups to hold their own virtual workshop or consultation.
 

The feedback received from past and present consultations informed this report, the recommended zoning by-law amendments, and a new regulatory framework for multi-tenant houses.

Proposed Regulatory Framework

City staff reported to the Planning and Housing Committee on November 17, 2020 with preliminary recommendations on the proposed regulatory framework, and is reporting back with final by-law recommendations on the proposed framework after conducting consultations. This report summarizes the following components of a proposed regulatory framework:

1.  City-wide zoning standards that permit the use consistently and enable equal access to multi-tenant houses across the City.

2.  Enhanced multi-tenant operator licensing requirements to promote health and safety.

3.  A strategic inter-divisional enforcement and compliance program that will ensure effective enforcement of non-compliant operators.

4. Initiatives to support tenants and maintain affordability of housing.

5. A phased implementation to launch the new framework over a three-year period.

1. City-wide Zoning

This report recommends zoning by-law amendments for a harmonized approach to multi-tenant houses. The zoning amendments would establish city-wide permissions for multi-tenant houses, as well as introduce new, harmonized definitions for "multi-tenant house" and "dwelling room" that are consistent with the proposed licensing by-law.

Zoning regulations would set a maximum number of rooms that would vary by zone; a minimum parking standard, depending on proximity to transit, and a minimum number of washrooms.

From a planning perspective, there is no rationale to prohibit multi-tenant houses as a residential use on a geographic basis. City-wide zoning permissions for multi-tenant houses are necessary to implement licensing of multi-tenant houses city-wide and will enable more effective regulatory oversight by City staff. The recommended zoning by-law amendments include an in-force date of November 1, 2022, to fit within the overall implementation plan for the multi-tenant house regulatory framework.

The proposed zoning by-law amendments will replace zoning regulations adopted by Council on May 9, 2013 for rooming houses as part of the city-wide Zoning By-law 569-2013. City Council did not harmonize zoning regulations for rooming houses at that time. The un-harmonized zoning regulations adopted in 2013 remain under appeal.

2. New Multi-tenant House Licensing By-law

City staff are proposing the introduction of a new multi-tenant house licensing by-law. The proposed by-law will replace the existing fragmented by-laws, apply across the City wherever zoning permits, and introduce a number of harmonized and enhanced standards.

In conjunction with Toronto Public Health, MLS is also bringing forward proposed standards for personal care multi-tenant houses under the new by-law, in order to improve health and safety conditions for tenants and also support enforcement against non-compliant operators. Personal care multi-tenant houses are affordable housing options that provide support services beyond a typical multi-tenant house. 

3. Enforcement and Compliance Strategy

This report outlines a four-pillared approach to a multi-tenant house compliance enforcement strategy. The strategy seeks to address the challenges of compliance among operators, neighbourhood nuisance issues, and the promotion of health and safety standards for tenants. This approach is a collaborative effort between MLS, Toronto Fire Services, Toronto Building, Toronto Public Health, and Housing Secretariat. MLS is also leveraging its experiences in delivering the RentSafeTO program through a dedicated team and proactive inspections. The four pillars are:

Inter-divisional strategic enforcement efforts, with an expanded and dedicated MLS team, along with support from other divisions deployed as needed.

Education and outreach to unlicensed operators, tenants, and communities.

Compliance strategy including annual inspections of licensed multi-tenant houses and data-driven investigations of unlicensed operators.

Enforcement strategy that will include increased maximum fines, a modernized Multi-Tenant House Licensing Tribunal, and undertaking remedial action where appropriate to ensure by-law compliance.
 

4. Housing Affordability and Student Housing Proposals

Tenants of multi-tenant houses are often marginalized and vulnerable, and can include households with very low income, seniors on fixed incomes, immigrants, and students. Without the affordable housing offered through multi-tenant houses, many tenants could find themselves homeless and potentially end up utilizing the shelter system, as they may need to stay in their current communities to be close to employment, social services, school, and/or their support networks, including ethno-cultural community networks, but are unable to find or afford a self-contained home.

To assist non-profit and private multi-tenant house operators in complying with the enhanced licensing requirements around fire and life safety, the Housing Secretariat is developing a Multi-Tenant Housing Renovation and Retrofit Program. The goal of the program is to work with operators to offset the costs of compliance to maintain housing affordability for the tenant. Program elements include:

A combination of grants and fee exemptions in exchange for negotiated and guaranteed affordability periods.

Contributions towards funding for renovations to meet Ontario Building Code, Ontario Fire Code and accessibility upgrades.

Contribution agreement signed outlining affordable rent levels and conditions if home is sold.
 

Full details on the grant amount and program details such as eligibility will be determined during the first implementation phase in partnership with Toronto Building.

As part of the HousingTO 2020-2030 Action Plan the City has committed to approving 40,000 new rental homes by 2030. Work is underway to achieve this goal. A component of this commitment is to meet the housing needs of students. The multi-tenant house consultations highlighted the need to accelerate this goal to improve student safety and improve neighbourhood relations. Licensed multi-tenant houses will likely still play a role in student housing options but at lower occupancies than what are currently being observed to ensure safety. During the first phase of implementation the Housing Secretariat will work with post-secondary institutions to identify sites on or near campuses to build new affordable housing and better meet the housing needs of students. Considerations will also include affordable student housing plans as part of overall campus secondary plan development.

5. Phased Implementation Plan

City staff recommend adopting a phased and multi-year approach:

Year 1: Laying the Foundation (September 2021 – November 2022)  

In Year 1, the implementation will include expansion of a dedicated MLS enforcement team; establishment of an inter-divisional Project Management Team; the launch of a new multi-tenant house licensing system; and preparation for a new Multi-Tenant House Licensing Tribunal. In addition, staff will launch a focused education and outreach strategy; engage with community partners to mitigate tenant displacement; and seek partnerships with post-secondary institutions to identify sites on or near campuses to develop affordable housing.

Toronto Building will also hire a Building Code consultant to identify alternative options for operators to achieve compliance with the Ontario Building Code and Ontario Fire Code as applicable; and the Housing Secretariat will develop a new Multi-tenant Housing Renovation and Retrofit program to provide financial incentives to operators.

Year 2: Launch of New By-laws with a Focus on Existing Operators (November 2022 – November 2023)

The zoning by-law and licensing by-law will come into effect November 1, 2022 (if the zoning by-law is appealed to the Local Planning Appeal Tribunal, then the date that it comes in force could be delayed). City staff will focus on transitioning existing licensed operators to the new requirements, as well as existing unlicensed multi-tenant houses that have been issued Notices of Violations or Charges. City staff will also identify and enforce against high-risk operators that pose a risk to health and safety of tenants or are the subject of a significant number of community complaints. Concurrently, the Housing-at-Risk sub-group will work with identified operators to mitigate tenant displacement.  

Year 3: Focus of Licensing to New Operators (November 2023 – November 2024)

The third phase of implementation will focus on outreach to new operators to apply for licences. This phased approach to focusing on different groups will ensure that staff resources are first dedicated to bringing existing operators into compliance. This third phase will also include ongoing monitoring of impacts on housing affordability.

Throughout all three phases, City staff will take a tenants and communities-first approach that:

Promotes safe, affordable, and liveable houses for tenants.

Identifies high-risk operators.

Takes enforcement actions to address immediate risks to life and safety.

Works with operators to ensure compliance.

Mitigates negative impacts on neighbourhoods and third parties.
 

This report was developed by City Planning, Municipal Licensing and Standards, Housing Secretariat, Toronto Public Health, Toronto Fire Services and Toronto Building. Legal Services, Court Services, and Shelter, Support, and Housing Administration were consulted in the development of the report.

The current report has no financial implication this year and is absorbed within existing budgets, but will have financial impacts in the future as the program is phased in.

Municipal Licensing and Standards (MLS) projects that program implementation costs in 2022 and 2023 may have total annualized impacts of $4,359,605 on the operating budget, of which $3,570,111 would be new budget requests. These costs are associated with 22 additional officers to manage enforcement, as well as implementation costs for licensing.

Toronto Fire Services projects that the cost for program implementation in 2022 and 2023 may have a total potential annualized impact of $1,775,790 on the operating budget, if the program reaches projected licence volumes. These costs are associated with 16 additional Fire Inspection staff to manage the increased service demand.

Court Services projects that a preliminary estimate of the Multi-Tenant House Licensing Tribunal annual operating budget is $422,570. 

The Housing Secretariat and Shelter, Support and Housing Administration divisions will report on estimated cost related to establishing a new program to support potential tenant displacements due to required emergency evacuations in November 2021.

City staff of the relevant divisions will request the funding required to implement the program in their respective budgets through the 2022 and 2023 operating budget processes for consideration.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial implications as identified in the Financial Impact section.

The Executive Director, Housing Secretariat recommends that:  

1.  City Council authorize up to 752 affordable rental units to be constructed on the lands known as 3377 Bayview Avenue to be eligible for waivers of applicable planning application, parkland dedication, and building permit fees, and an exemption of development charges.

2.  City Council authorize an exemption from taxation for municipal and school purposes for 99 years for up to 752 affordable rental units to be constructed on the lands known as 3377 Bayview Avenue.

3.  City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City, a municipal housing project facility agreement (the "Contribution Agreement") with Tyndale University and Markee Developments for the development of the affordable housing to be constructed on the lands known as 3377 Bayview Avenue, to secure the financial assistance being provided and to set out the terms of the operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor.

4.  City Council authorize the Controller to cancel or refund any taxes paid after the effective date the Contribution Agreement.

5.  City Council authorize severally each of the Executive Director, Housing Secretariat and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any security or financing documents required by Tyndale University and Markee Developments to secure construction and conventional financing and subsequent refinancing, including any postponement, tripartite, confirmation of status, discharge or consent documents of any City security documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by Council.

This report recommends that City Council approve Open Door Program incentives for up to 752 affordable rental homes anticipated to be created as part of the upcoming Tyndale Green development proposal on the Tyndale University lands at 3377 Bayview Avenue. The project is proposed to be developed through a partnership between Tyndale University and Markee Developments, which aims to design, build, and operate affordable rental housing through partnerships with groups such as with municipalities, not-for-profits and universities. This project is currently in the initial planning stages, and as such, the details of the proposal as noted within this report, including the number of affordable rental homes, are subject to change and are also subject to planning application approvals.

Tyndale University and Markee Developments are proposing that 50% of the units to be built in the Tyndale Green development will be new affordable rental homes that will remain affordable for a minimum of 99 years. The initial development proposal is for 1,504 residential units to be built over four phases, of which approximately 752 would be provided as affordable rental homes. The affordable rental homes would be equally distributed across all phases. The project is also striving to be an energy efficient community and aims to include at least 15% fully accessible units.

The Open Door Program incentives recommended for Council approval include exemptions from payment of planning application, parkland dedication, and building permit fees, and development charges, to support delivery of the affordable housing in the proposed development. Should the required planning applications be approved and the development proceed, it would provide a significant number of affordable housing options to low-and-moderate-income households, including those from equity-deserving groups. Approval of this project will also contribute towards the delivery of the City's HousingTO 2020-2030 Action Plan which aims to approve 40,000 new affordable homes, including 18,000 supportive housing units by 2030.

This report recommends the provision of an estimated $56,019,403 in Open Door incentives to Tyndale University and Markee Developments to support the development of up to 752 affordable homes proposed to be developed at Tyndale Green on the Tyndale University lands at 3377 Bayview Avenue.

It is anticipated up to 752 affordable homes will be created. The number of potential affordable rental units is estimated at this point given that the necessary development application(s) have either not yet been filed or are currently under review by staff. Through the development review process and community consultation, an appropriate built form will be reached, which will ultimately determine the final number of affordable units.

The City incentives for the affordable rental homes recommended by this report are within the approved ten-year Open Door Program financial plan to support implementation of the overall HousingTO 2020 – 2030 Action Plan. The incentives include relief from: development charges; building permit and planning application fees; parkland dedication fees; and municipal property taxes for affordable units.

The estimated financial incentives recommended for Council approval (which reflect the outstanding fees and charges) are summarized in Table 1 below:

Table 1 - City Financial Incentives

 *calculated using November 2020 Rates and reflect estimated development charges applicable for 752 units

** Includes estimated 2021 building permit fees of $671,579, 2021 planning fees of $498,797, and parkland dedication fees of $3,760,000.

The City's financial incentives include relief from planning application fees, development charges, parkland dedication fees, and building permit fees as anticipated to support the development process. The incentives also include relief from property taxes for municipal and school purposes for the 99 year affordability period.

The value of the annual property tax exemption is estimated at $721,917 at 2021 rates. The net present value over the 99 year-term is estimated at $22,774,221 as summarized in Table 2 below:

Table 2 - Property Tax Exemption

*calculated using 2021 Rates

A tax exemption would have no net present impact to the City for the educational portion of taxes remitted to the Province.

In the event of default, the Contribution Agreement will provide that the by-law providing the property tax exemption be repealed.

It is anticipated that the new affordable rental units will be available for occupancy beginning in late 2024, subject to approval of all applications and project financing.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information provided.

The Executive Director, Housing Secretariat recommends that:

1. Council authorize up to 92 additional affordable rental housing units to be constructed on the lands known as 1750 Ellesmere Road to be exempt from the payment of development charges, and be eligible for waivers of building permit, planning application and parkland dedication fees and charges.

2. City Council authorize an exemption from taxation for municipal and school purposes for 40 years for the additional 92 affordable rental units to be constructed at 1750 Ellesmere Road.

3. City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, a municipal housing facility agreement, with Fine Green Developments Limited to secure the financial assistance being provided and to set out the terms of the development and operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor.

4. City Council authorize City staff to cancel or refund any taxes paid after the effective date of the Contribution Agreement. 

On October 2, 3 and 4, 2017, through Item No. EX27.14, City Council approved Open Door Program incentives to support the creation of 150 new affordable rental units at 1750 Ellesmere Road. The initial development proposal has since been modified and it is now possible to add an additional 92 affordable rental homes to the site, for a total of 242 affordable rental units. The zoning relief necessary for these changes was approved by the Committee of Adjustments on October 14, 2020, and upheld through a recent Local Planning Appeal Board decision. However, the zoning relief is subject to the proponent meeting certain conditions, including that the additional 92 affordable rental units receive City Open Door Program incentives

This report recommends City Council approval of Open Door Program incentives for the additional 92 new affordable homes at 1750 Ellesmere Road. Approval of the recommendations in this report would help fulfil the zoning relief condition and ensure that the entire building containing 242 new homes can be delivered as affordable rental housing. Additionally, these new homes, which are estimated to be ready for occupancy by December 2024, will provide much-needed affordable housing opportunities for low-and-moderate incomes households, including those from equity-deserving groups, seniors and essential workers.

Council's approval of Open Door incentives for the additional 92 affordable rental units would also support the City's HousingTO 2020-2030 Action Plan objective of approving 40,000 new affordable rental homes by 2030.

Proposed Open Door Incentives for 92 Additional Affordable Rental Homes

This report recommends that City Council, as part of the Open Door Program, allocate financial incentives to support the creation of up to 92 additional affordable rental homes at 1750 Ellesmere Road. These 92 affordable rental homes are in addition to the 150 units previously approved by Council to receive Open Door incentives though Item No. EX27.14.  

While the 150 affordable rental homes previous approved by Council to receive Open Door incentives will remain affordable for 25 years, the additional 92 affordable homes will remain affordable for a minimum of 40 years.

The Open Door incentives for the affordable rental homes recommended by this report are within the approved ten-year Open Door Program financial plan to support implementation of the overall HousingTO 2020 – 2030 Action Plan. The incentives include relief from development charges, building permit, planning and parkland dedication fees as well as municipal property taxes. 

Based on the City's current applicable fees, charges and tax relief estimates, this report proposes an additional investment of approximately $6.916 million in City incentives as summarized in Chart A below.

Chart A: Additional Open Door Incentives Proposed

*Calculated using November 2020 rates

**Includes 2021 Building Permit fees of $152,402, 2021 Planning fees of $75,222, and Parkland Dedication fees of $460,000.

***Calculated using current (2021) property tax rates.

The value of the annual property tax exemption is estimated to be $94,473 at 2021 rates. The net present value of the tax exemption over the 40 year-term is estimated at $2,183,714, as summarized in Chart B below.

Chart B: Additional Property Tax Breakdown

Summary of Previously Approved Contributions at 1750 Ellesmere Road

Chart C details the contributions approved by City Council in October 2017 through item EX27.14.

Chart C: Open Door Contributions Approved in October 2017

The estimated additional City contribution of $6.916 million brings the total City contribution for affordable housing at 1750 Ellesmere Road to $14.16 million for 242 new affordable homes. Of this amount, $1.5 million is in the form of a direct capital payment, while the balance represents the forgiveness of City taxes and levies and is thus foregone revenue to the City.

A property tax exemption would have no net present impact to the City for the educational portion of taxes remitted to the Province and there are no further financial impacts to the City.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial implications as presented in the financial impact section of the report. 

The Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat recommend that:

1. The Planning and Housing Committee request the Chief Planner and Executive Director, City Planning, and the Executive Director, Housing Secretariat, to report on the results of the community engagement process and the final recommendations to the September meeting of Council.

2. City Council endorse, in principle, amending the zoning regulations for 150 Dunn Avenue to permit the construction of the modular housing proposal by way of a request to the Minister of Municipal Affairs and Housing to make a Minister's Zoning Order for the lands municipally known as 150 Dunn Avenue, pursuant to Section 47 of the Planning Act, and request the Chief Planner and Executive Director, City Planning to report to the September City Council meeting on the final recommended proposal and the relief to the zoning by-law required to permit the proposed development.

This report presents a proposed modular housing development for 74, 82, 130, 150, 160, and 162 Dunn Avenue, 1-17 Close Avenue, and 74 and 78 Springhurst Avenue ("150 Dunn Avenue"), outlines the community engagement process underway and recommends that Council endorse, in principle, the use of a Minister's Zoning Order to provide any necessary relief from the in-force zoning by-law regulations to permit the proposal. This proposal is one of the sites under the Rapid Housing Initiative (RHI) and will create approximately 51 supportive homes for people experiencing homelessness in partnership with the University Health Network (UHN) Gattuso Centre for Social Medicine and the United Way of Greater Toronto (UWGT). The other sites currently advancing under the RHI program include 222 Spadina Avenue and 877 Yonge Street.

The City is committed to working with local communities to provide accurate and timely information about the project, answer questions and collect their feedback and input, including ideas for how to support and welcome the new residents into the neighbourhood. There will be a number of opportunities for residents to learn more about the new homes with supports planned at 150 Dunn Avenue. The first virtual community meeting is targeted for June 16th. Corporate Real Estate Management (CREM) is currently preparing a Site Plan Approval application submission in conjunction with the retained modular housing supplier.

At its meeting of October 27, 2020 City Council adopted Item MM25.32 - Implementation of the Federal Rapid Housing Initiative (RHI) authorizing staff to: enter into an agreement with Canada Mortgage and Housing Corporation to secure the City's allocation of $203.3 million through this program, and identify projects that can be made available for occupancy within twelve (12) months, in accordance with the terms and conditions of the Rapid Housing Initiative (RHI). City Council also approved approximately $59 million in pre-approved City Open Door incentives to support the creation of up to 800 affordable rental units under the program, to maximize the RHI opportunity and exceed the minimum unit requirement set out under the RHI. Further, on October 27, 2020 City Council adopted Item PH17.4 - Creating New Supportive Housing Opportunities in Partnership with the University Health Network and United Way of Greater Toronto, and directed staff to report on report back by the second quarter of 2021 with recommendations to activate the site with new supportive or affordable housing opportunities.

The creation of modular affordable rental housing with support services is a key element of the HousingTO 2020-2030 Action Plan, which has an approval target of 18,000 supportive homes, including the creation of at least 1,000 modular homes, over the next ten years. To date, 100 modular homes are completed through Phase One at 11 Macey Avenue (Ward 20 - Scarborough Southwest) and 321 Dovercourt Road (formerly 150 Harrison Street) (Ward 9 - Davenport). Additional modular supportive housing proposals are underway that are targeted for completion by Spring of 2022.

The 150 Dunn Avenue site is owned by the University Health Network and is currently developed with a 4 storey rehabilitation establishment known as the Bickle Centre, a 4 storey long term care facility, and a series of detached houses. The site is also subject to an application for a 6 storey extension to the existing Lakeside Long-term Care Centre (application number 19 112609 STE 04 OZ).

A portion of the site fronting onto Dunn Avenue has been identified as suitable for construction of modular housing to create new affordable rental housing (see Attachment 1). The target completion and occupancy date for the site is spring 2022. Based on the conceptual site plans prepared for the site, relief to the existing zoning provisions would be required. The required relief will be finalized following community feedback and completion of detailed building and site design.

Staff have assessed the review and approval process timelines for the required Planning Act applications relative to the urgency in creating affordable and supportive housing in the city. In consideration of this urgency and Council's request to prioritize planning and building approvals for affordable housing, this report recommends that City Council endorse in principle the use of a Minister's Zoning Order to provide the necessary relief to permit the construction of modular housing at this site. The Planning Act gives the Minister of Municipal Affairs and Housing the power, by order, in respect of any lands in Ontario, to exercise any of the powers conferred on Council to zone lands and modify the zoning regulations for a given site. A Minister's Zoning Order would enable the City to more quickly implement the modular housing proposals.

There are no financial impacts to the City resulting from the recommendations included in this report in the 2021 budget year. The proposed development for 150 Dunn Avenue will be fully funded through the Housing Secretariat's 2021-2030 Capital Budget and Plan. The project is also preapproved for Open Door incentives through MM25.32 - Implementation of the Federal Rapid Housing Initiative.

On April 7, 2021 the Province of Ontario confirmed $15.4 million in operating funding dedicated to 1,098 supportive homes to be created in Toronto through the Rapid and Emergency Housing initiatives including the project at 150 Dunn Avenue. A commitment for ongoing funding beyond 2021 will be required to support residents in these new supportive homes and to ensure their health and well-being long term.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Chief Building Official and Executive Director, Toronto Building recommends that:  

1.  The Planning and Housing Committee request that the Chief Building Official and Executive Director, Toronto Building continue to engage with the Ministry of Municipal Affairs and Housing to strengthen the regulatory tools available (in the Building Code Act, 1992 and the Ontario Building Code) to the City of Toronto so that it may more effectively respond to stalled and dormant construction sites.

The purpose of this report is to respond to City Council's request that the Chief Building Official and Executive Director, Toronto Building report to the Planning and Housing Committee on a review of implementing expiry dates on building permits in the City of Toronto. This report provides an overview of the Chief Building Official's abilities to revoke building permits, and identifies that the City does not have the authority to impose additional conditions on a permit to compel a property owner to finish construction within a prescribed time, or set a building permit expiry date. 

Even with an additional authority to set an expiry date on the permit, the City could not force construction to continue, as the root problem is typically the lack of finances, or other externalities to continue with the work to complete the project.

In situations where Toronto Building and other divisions are faced with a stalled construction site, the first priority is site safety, then maintenance (for example litter and untidy site) followed by actions to encourage the permit holder to complete the building's exterior, thereby mitigating potential impacts on neighbours.

To strengthen its processes within its existing authorities, Toronto Building has recently augmented its building inspection services with two additional mandatory inspections so that it can more actively monitor the construction process. City Council also adopted by-law changes in 2019 to provide clear guidance on how the Division proceeds with revocation after a reasonable time, and in a fair and transparent manner. The Division has also engaged the Ministry of Municipal Affairs and Housing on the matter, as requested by City Council.

There are no financial impacts resulting from the recommendation contained in this report.

The Chief Planner and Executive Director, City Planning recommends that the Planning and Housing Committee:

1. Request the Chief Planner and Executive Director, City Planning use the draft Garden Suite regulations presented within this report as the basis for further community and stakeholder consultation and technical review.

2. Request the Chief Planner and Executive Director, City Planning bring forward a final report detailing Official Plan and Zoning By-law amendments to permit detached accessory dwelling units for residential properties not on a public lane (Garden Suites) to the Planning and Housing Committee Meeting in the fourth quarter of 2021.

The Garden Suites study is part of the Expanding Housing Options in Neighbourhoods (EHON) work program. A “Garden Suite” is an accessory dwelling unit, usually located in the rear yard, but not on a public lane, and is separate or detached from the main house. Garden Suites are generally smaller than the main house on the lot and are intended to function as rental housing as well as accommodation for a variety of types of household.

The introduction of Garden Suite regulations responds to changes to the Ontario Planning Act and would provide a new housing option in Neighbourhoods that balances numerous Provincial and City policy objectives. The Province intends cities to accommodate an appropriate affordable and market-based range and mix of residential types. The City’s policy objectives include creating complete communities, and providing a full range of housing in terms of form, tenure and affordability across the city, in a form that makes efficient use of land, while acknowledging the Official Plan’s objective that physical change to Neighbourhoods will be sensitive, gradual, and fit the existing physical character.

This report presents draft Garden Suite regulations informed by background research and public input received thus far. The Garden Suites study will continue to review and consult on the matters discussed in this report, including protecting space for existing and new trees and green spaces, privacy and shadowing, and parking, among others. Staff will continue to carry out the necessary technical review and to consult with future and current residents of low-rise neighborhoods, and other stakeholders, on the draft regulations to make further refinements and to address the above matters. 

A report with recommending Official Plan policies and Zoning By-law regulations to permit Garden Suites, as-of-right, across the city, will be presented to the Planning and Housing Committee in the fourth quarter of 2021.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Chief Planner and Executive Director, City Planning recommends that:  

1.  City Council communicate to the Province and Cadillac Fairview its expectation that consideration of the updated East Harbour proposal will include robust and timely engagement with the local community and local Councillor, to be led and paid for by Cadillac Fairview and with input and direction from City staff, and that such engagement will be a component of all subsequent planning approvals required for the site.

2.  City Council direct the Chief Planner and Executive Director, City Planning Division and the Executive Director, Transit Expansion in consultation with other affected City divisions to engage with the Province and Cadillac Fairview on the modified East Harbour development proposal, subject to the following conditions:

a. the City will be the planning approval authority for any required changes to the Official Plan and Secondary Plan, the subsequent plan of subdivision and future site plans;

b. any agreements that may be required between the Province and Cadillac Fairview, or that involve the City related to modifications to the approved land use planning framework for East Harbour will address the interests of the City, the Province and Cadillac Fairview;

c. initial negotiations will address City interests and focus only on those matters deemed essential for concluding the Transit Oriented Communities commercial transaction between the Province and Cadillac Fairview, including any agreement required on how to advance design and construction of the Broadview Avenue extension and the Broadview Eastern Flood Protection landform;

d. the development of the East Harbour site will be phased to ensure employment development happens prior to or concurrently with any residential development that may be added, and the advancement of each  phase will be subject to all conditions being met for earlier phases;

e. the residential development of East Harbour will include a significant component of affordable housing, consistent with City policy and practice, and to be confirmed as part of the negotiations on the essential matters for the Transit Oriented Communities commercial transaction;

f. Cadillac Fairview will cover the normal costs of development, including servicing, transportation network requirements and public realm elements associated with the development;

g. hard and soft services, including parkland and community services and facilities will be augmented beyond that secured in prior approvals, to be provided at a level appropriate to now also serve the additional residential density proposed and be appropriately built and allocated as phases of residential development advance, and the Province and Cadillac Fairview will make contributions appropriate to ensure the development and sustainability of a complete community;

h. streets, boulevard setbacks, parkland, POPS and open spaces which together create the public realm will be augmented beyond that secured in prior approvals, to be provided at a level appropriate to now also serve the additional residential density proposed, and be appropriate built and allocated as phases of residential development advance, and the Province and Cadillac Fairview will be expected to build out the public realm at an appropriate scale to ensure the development and sustainability of a complete community;

i. the City will not assume financial costs for hard and soft infrastructure, parks and services required solely to serve the new East Harbour residential community, and any financial contributions from the City related to infrastructure improvements, services and facilities will be related to costs associated with benefits to the broader community and City.

3. City Council direct the Chief Financial Officer and Treasurer and the Chief Planner and Executive Director, City Planning, in partnership with other affected City divisions, to undertake detailed financial analysis of the proposed Transit Oriented Communities development proposal and report back to City Council on the financial implications of a proposed agreement for the City.

4.  City Council direct the Executive Director, Transit Expansion and the Chief Planner and Executive Director, City Planning to conclude negotiations with the Province related to establishing a dedicated team to address the East Harbour Transit Oriented Communities proposal, both the initial negotiations and the longer term planning review and approvals process.

5. City Council direct the Chief Planner and Executive Director, City Planning to report back to Council in December 2021 on the progress on negotiated conditions related to the Province's and Cadillac Fairview's request to establish zoning certainty, including any financial terms, and the next steps on planning approvals for East Harbour.

As directed by City Council in May 2021, this report provides an overview of the Provincial government's new proposal for mixed use development at East Harbour.  The report also outlines City staff recommendations on parameters for engaging with the Province and Cadillac Fairview on the proposal, in order to protect and advance City interests related to the proposal.  City staff are seeking direction to report back to Planning and Housing Committee in November and Council in December 2021 with the outcomes of that engagement with the Province and Cadillac Fairview.

In June 2018, City Council adopted the Unilever Precinct Secondary Plan and associated Zoning By-laws to establish a major new employment area at East Harbour.  The approved plan allows for 10 million square feet of commercial development for up to 50,000 jobs, in an area well served by expanded transit service.  In May 2021, City Council reaffirmed its position that the lands south of Eastern Avenue form an important employment area for the City.

In April 2021, the Province announced a Transit Oriented Communities (TOC) partnership with Cadillac Fairview, the owners of the East Harbour site, to design and construct the East Harbour Transit Hub (SmartTrack and Ontario Line stations).  The partnership also includes a Cadillac Fairview contribution toward related capital costs of development in the area, contingent on changes to the City's approved planning framework to permit the addition of 3.25 million square feet of residential development to existing development permissions.  The partnership is also based on an expectation that the design and construction of the Broadview Avenue extension and the Broadview Eastern Flood Protection landform will be advanced and implemented in concert with the construction of the Transit Hub.

City staff received a detailed submission on the updated East Harbour TOC proposal in late May 2021.  Discussions between the Province and the City leading up to this were focused largely on general parameters that would guide the City's ability to consider the proposal.  The full engagement of the City on the proposed changes to East Harbour was premised on a public process and the submission of a more detailed proposal, including the rationale for the land use changes. The detailed submission that was provided in May 2021 enabled City staff to begin understanding and reviewing the proposal in more detail. 

In order to conclude their commercial arrangement and advance the construction of the East Harbour Transit Hub, the Province and Cadillac Fairview are seeking "zoning certainty" for these changes by the end of 2021.  To meet timelines for the transit projects and achieve zoning certainty, City staff expect the Province will advance a Minister's Zoning Order (MZO) to put in place the necessary zoning.  The Province has made a number of changes to planning legislation and introduced the Transit Oriented Communities Act that give the Province additional authorities to advance this proposal.

Adding residential permissions to the East Harbour area represents an employment land conversion.  Although this proposal is following a separate process from the City's process for receiving and reviewing employment land conversion requests in the Municipal Comprehensive Review ("MCR") of the Official Plan, the proposal does constitute a conversion request and the City should consider this proposal in the context of the ongoing MCR. The Growth Plan (2020) and the City's Official Plan contain policies for the consideration of conversions of Employment Areas. These policies should be addressed as part of the proposal to inform staff's review of the potential conversion of Employment Areas.

In addition, the City and Province have entered into an MOU on Transit Oriented Development.  This MOU outlines a partnership approach to considering transit oriented development proposals associated with Provincial transit projects.  The SmartTrack draft Agreement in Principle covers the City's investment in the SmartTrack component of the East Harbour Transit Hub, an investment aimed at unlocking the economic development potential of the East Harbour site.

To develop a new community of the scale proposed for East Harbour requires careful planning to ensure the required hard and soft infrastructure, including but not limited to parks, servicing, roads, schools and other community services and facilities, are in place to support the new residents.  The City has a strong interest in ensuring the East Harbour development is well planned, and that the true costs of development are covered by Cadillac Fairview and the Province.  City staff also want to ensure sufficient time is allotted to undertake the kind of due diligence necessary to plan for a complete community, following the conclusion of the transaction between the Province and Cadillac Fairview.

City staff are seeking Council direction on a proposed approach to engage with the Province and Cadillac Fairview to ensure the City's and community's interests are protected and advanced in this TOC proposal.  In discussions with the Province, City officials have been careful to distinguish between those conditions that will be necessary for the Province and Cadillac Fairview to conclude a TOC agreement, and the broader planning review and approvals that will be required to follow beyond the end of 2021.  The City will also seek to ensure its interests are reflected in any agreements that may be required coming out of this process of engagement.

Given extensive community engagement previously undertaken for the Secondary Plan and private applications for the site, staff are also recommending that Cadillac Fairview and the Province undertake a full and robust engagement process with the local councillor and community.  The consultation process should extend beyond the end of 2021, given the significance of the proposed changes and the time that will be required to fully address all planning issues.

The report recommendations include parameters to guide City staff in negotiations with the Province and Cadillac Fairview.  The parameters relate to planning and financial conditions that will need to be addressed in the negotiations to reflect City interests.  The report also proposes an approach to a fiscal impact assessment of the TOC proposal for the City.

The City has discussed the need for additional dedicated staff for the East Harbour project with the Province.  The report seeks authority for staff to conclude negotiations with the Province about supporting the costs of the dedicated staff team.  The issue of staffing requirements across Divisions for the broader TOC program will be addressed in a Fall report to Council.

Staff are seeking Council direction to report back in December 2021 with an update on negotiated conditions for advancing zoning certainty, the conditions for the transaction, the fiscal impact assessment and the further planning work that will follow.

EAST HARBOUR TRANSIT INVESTMENT

On February 2 2021, City Council adopted EX20.2 Advancing the SmartTrack Stations Program, approving a contribution of up to $1.463 billion for the five-station SmartTrack Stations Program. Through this program the City is making a substantial investment in the East Harbour Transit Hub which is a critical component of the proposed Transit Oriented Communities proposal.

FISCAL IMPACT ANALYSIS

City staff will conduct a detailed review of the East Harbour TOC proposal to identify any financial impact concerns for the City of Toronto. In particular, City staff will engage an independent fiscal impact advisor to assist with the evaluation of all available details of the proposed commercial transaction between the Province of Ontario and Cadillac Fairview. This work will be accommodated inside existing budgets and authorities.

The commercial arrangement as negotiated between the Province and Cadillac Fairview would change the way in which the City secures a community benefits agreement with the developer.  For East Harbour, this will be addressed in the context of negotiations with the Province and Cadillac Fairview related to both the value of Cadillac Fairview's contributions and the allocation of those funds.

The results of that detailed fiscal impact analysis will be included in the December 2021 report to City Council, and are expected to include:

a. A forecast of cost differentials to the City that are likely to occur as a result of proposed changes to the planned East Harbour development, including consideration of matters such as operating costs, property tax revenues, and other fiscal matters;

b. A comparative analysis (against the in-force East Harbour plan) of the financial commitments and contributions of all parties (the Province of Ontario, the City of Toronto, and Cadillac Fairview) in delivering various components of the overall East Harbour plan (inclusive of the construction and long-term maintenance of hard services such as transit infrastructure, roads and/or enabling works such as flood protection; and any potential increased costs to the City to provide additional community services and programs);

c. A determination of any undue cost implications for the City resulting from a commercial transaction between the Province of Ontario and Cadillac Fairview; and

d. High level commentary on the possible collateral effect of the proposed employment land conversion, with an estimation of potential impact to employment uses and jobs in the surrounding area.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Chief Planner and Executive Director, City Planning recommends that:

1. City Council adopt the Toronto Green Standard Version 4 (2022) performance measures as shown in Attachment 3, 4, and 5 to this report, to be applied to new development applications under the Planning Act commencing May 1, 2022.

2. City Council revise performance standard WQ 2.2 Stormwater retention and reuse in the Toronto Green Standard, Version 3, Tier 2 Core requirement, substantially in accordance with Attachment 6 to this report.

3. City Council request the Chief Financial Officer, in collaboration with the Chief Planner and Executive Director, City Planning and the Director, Environment and Energy, to report, as part of the review of Growth Funding Tools, on options to advance higher levels of uptake of Tier 2 and 3 buildings to facilitate transformation to net zero earlier than 2030.

4. City Council request CreateTO to require the application of the Toronto Green Standard Version 4, Tier 2 for all development agreements, including the Housing Now Initiative.

5. City Council direct the Chief Building Official and Executive Director, in consultation with the Chief Planner and Executive Director, City Planning and the Director, Environment & Energy to report to City Council on any proposed updates to the Ontario Building Code related to energy efficiency targets for buildings and on opportunities through the Ontario Building Code to accelerate the zero emissions pathway as set out in this report.

This report presents the updated Toronto Green Standard Version 4 (TGS v4) 2022 which is proposed to be applied to applications submitted under the Planning Act commencing May 1, 2022. The Toronto Green Standard is a critical component of the City's efforts to achieve zero emissions buildings by 2030 and meet 2050 city-wide greenhouse gas reduction targets.

Since 2010 the Toronto Green Standard (TGS) has been required for development applications and per Council direction is to be updated approximately every four years. The objective of the Toronto Green Standard is to influence and support change to achieve more sustainable development in the City. Based on tiers of increasingly sustainable performance the Toronto Green Standard provides a clear understanding of the City's climate change objectives and expectations for future updates. Builders who are market leaders in sustainability are eligible for an incentive under the City's Toronto Green Standard Development Charge Refund Program if constructing at higher tiers.

The Toronto Green Standard performs an important role as a market transformation tool to progressively push development beyond the minimum standards of the Ontario Building Code towards the Toronto's zero-emissions targets as set out in TransformTO, and City Council's 2019 declaration of a climate emergency. It also responds to the Climate Change and Resilience actions to support recover and rebuild set out in the Council adopted Towards Recovery and Rebuilding a Renewed Toronto report (the TORR report).

In May 2018, the City introduced Toronto Green Standard Version 3, including a performance pathway to high performance low emissions new construction by 2030 based on absolute performance targets related to greenhouse gas (GHG) emission limits, energy use intensity and thermal energy demand intensity. The staff report and the City's Zero Emissions Building Framework study that supported this change set out a stepped approach to increasingly higher energy and GHG performance measures with each Toronto Green Standard update for large Part 3 Buildings (which comprise over 85% of projected new construction in Toronto).

The proposed updates to the Toronto Green Standard for Version 4 are based on extensive consultation and collaboration with inter-divisional partners including Environment and Energy Division, Toronto Building, Toronto Water, Parks Forestry and Recreation, Transportation Services, Solid Waste, Corporate Real Estate Management, Engineering and Construction Services, and Legal Services. Staff also consulted with the Toronto and Region Conservation Authority, Waterfront Toronto, Toronto Community Housing Corporation, the Canada Green Building Council, the development industry, industry experts and academics.

The proposed changes are consistent with proposed recommendations in the Building Net Zero Emissions City Buildings: Corporate Real Estate's Net Zero Carbon Plan and the Net Zero Existing Buildings Strategy.

For over ten years, the Toronto Green Standard has been an effective tool for more resilient new development and infrastructure. The Toronto Green Standard Version 4 (TGS v4) looks to advance this further and is designed and structured to meet the City's goals and commitments around climate change. As part of the review and update for TGS v4, staff have focussed on opportunities to support and contribute to realizing a low-carbon and resilient Toronto.

The Toronto Green Standard Version 4 (2022) includes three tiers of performance with a focus on carbon reductions and green infrastructure enhancements. The key changes recommended are:

Zero Emissions Buildings - Advancing and increasing the next Tier of energy performance on the path to achieve near zero greenhouse gas (GHG) emissions buildings by 2030 for mid-high rise residential and non-residential buildings. As set out in the report approved by Council in 2017, the energy performance of each tier moves up so that Tier 2 becomes the required Tier 1, Tier 3 becomes voluntary Tier 2 and Tier 4 becomes voluntary Tier 3 (the new highest performance level for near-zero emissions).

 
Embodied Carbon –A new requirement has been added for Tier 2 and 3 projects to conduct a materials emissions assessment of the upfront embodied carbon of structural and envelope components. This requirement recognizes the importance of the carbon footprint of building materials and the role of the Toronto Green Standard in planning and decision making. A requirement for Tier 2 projects to calculate the embodied carbon and the carbon sequestration within landscape designs has also been added.

Electric Vehicle Infrastructure - In keeping with the City's Electric Vehicle Strategy, a new requirement for the provision of Level 2 electrical outlets for each new parking space in low rise housing has been added and the current requirements have been increased to 25% in Tier 1 and 100% EV Ready in Tier 2 for large Part 3 Buildings.
 

Water and Ecology – The TGS is proposed to be restructured to better align the inter-divisional and inter-disciplinary inputs to prioritize green infrastructure objectives in the Water and Ecology sections including: reducing stormwater runoff and potable water consumption; reducing urban heat island impact; increasing tree canopy and green roof coverage and enhancing biodiversity. A proposed requirement for new streets is included to capture and control stormwater runoff through green infrastructure.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in the report in the current budget year or in future years.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Chief Planner and Executive Director, City Planning recommends that:

1. The Planning and Housing Committee receive this report for information.

The City Planning Division monitors development activity in the city. This report and the attached bulletin summarize development activity in the city over the past five years. Information from the Division's Land Use Information System II and other sources have been analyzed to provide an overview of all development projects with any development activity between January 1, 2016 and December 31, 2020. Development activity refers to progress at any stage of the approvals and development processes, including application submission, development review, development approval, building permit application, building permit issuance, construction, occupancy and completion. The bulletin illustrates how the city has grown over these five years and how it may continue to develop over time.

In total, 503,362 residential units and 12,853,823 million square metres of non-residential gross floor area (GFA) were proposed by projects with development activity between January 1, 2016 and December 31, 2020. Of this, 93,836 residential units and 2,413,647 square metres of non-residential GFA were built. There were 162,757 residential units approved but not yet built, and an additional 246,769 units in projects still under review. Similarly, there was 5,561,590 square metres of non-residential GFA approved and not yet built, and a further 4,878,586 square metres in projects under review. In total, there were 409,526 residential units and 10,440,176 m2 of non-residential GFA in projects that are either under review or active, indicating a continuation of strong development activity in Toronto in the coming years. If all of these residential units were realized over time, they would increase the total number of dwellings in the city by over one third.

There are no financial implications resulting from the recommendations included in the report in the current budget year or in future years.

Councillor Paula Fletcher has submitted the following Administrative Inquiry:

"City Council has been trying to deal with an ongoing homelessness crisis and housing affordability crisis for several years.  We have taken important steps like Housing Now, which leverages City land to fund affordable housing, to try to address the latter and especially during the pandemic have worked to increase the housing solutions available to help people coping with homelessness, including the construction of new supportive housing on City lands. 

The surplus lands in Toronto of the federal and provincial government would help a great deal with efforts to improve the housing situation for many Torontonians.

In January 2019, as part of Item 2019.EX 1.1 Implementing the "Housing Now" Initiative, Council adopted the following recommendations:

39. City Council authorize the City Manager to request the Federal Government to publicly release the list of surplus federal lands in the City of Toronto, and to make those surplus federal lands available to the City of Toronto for affordable housing immediately.

40.  City Council authorize the City Manager to request the Ontario Government to support the development of new mixed-income developments by providing assistance to individuals with housing and support needs through the provision of capital and operating funding to the Housing Now Initiative, and to reiterate the request to the Provincial Government to identify surplus lands within Toronto, including those identified in Appendix 4 to the report (January 11, 2019) from the City Manager, and dedicate such surplus lands and any future surplus lands to be utilized to create new mixed-income communities, including new affordable and market rental units.

Subsequently, in May 2020, as part of Item 2020.CC21.3 Creating New Affordable Housing Opportunities through Phase Two of the Housing Now Initiative, Council adopted the following recommendations:

28.  City Council authorize the Deputy City Manager, Community and Social Services to request the Federal Government, through the Canada Mortgage and Housing Corporation, to:

a. approve a portfolio approach to the funding and financing of the Phase Two Sites identified in Appendix 1 to the  report (May 25, 2020) from the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services; and

b. consider the City's previous requests for the Federal Government to dedicate surplus lands in Toronto to be utilized for increasing the supply of affordable and purpose-built rental housing.

29.  City Council authorize the Deputy City Manager, Community and Social Services to request the Ontario Government to support the creation of supportive housing opportunities as part of the Housing Now Initiative by providing assistance to individuals with housing and support needs through the provision of operating, and to identify surplus lands within Toronto be utilized to create new mixed-income communities, with new affordable rental homes, including supportive housing opportunities.

I request the lists of surplus federal and provincial properties in Toronto; and an update on discussions with the respective governments about making these surplus properties available to help increase the supply of affordable housing in Toronto."

Councillor Joe Cressey recommends that:

1. City Council direct the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Housing Secretariat, and the Interim Chief Executive Officer, CreateTO, to prepare a Delegated Approval Form to amend the intended method of disposal for the properties previously declared surplus through Delegated Authority (Delegated Approval Form 2017-075 and Delegated Approval Form 2017-285), with the new intended manner of disposal to be by way of a long-term lease to a non-profit organization to provide affordable housing to be selected through a competitive process, and City Council direct staff to take all steps necessary to comply with the City's real estate disposal process set out in Article 1 of Toronto Municipal Code Chapter 213, Real Property.

2. City Council direct the Executive Director, Housing Secretariat, the Executive Director, Corporate Real Estate Management, and the Chief Planner and Executive Director, City Planning, in consultation with the Interim Chief Executive Officer, CreateTO, to report to the Planning and Housing Committee in the third quarter of 2021, with an update and the work plan and funding requirements to activate the site at 1113 (existing residential dwelling) and 1117 Dundas Street West (Car Park #204) to create new affordable rental housing to be operated by a non-profit organization, and that work plan to include:

a.  working with the Toronto Parking Authority to identify new parking opportunities in both on and off street locations suitable for replacement of parking spaces within the vicinity of the proposed development, should an investment in parking on-site be deemed not feasible; and

b. issuing a competitive call for proposals to identify a non-profit operator to enter into a lease with the City for a term of 99 years to operate affordable housing on site, subject to City Council's approval.

We need to explore every opportunity to find ways to address our city's housing affordability crisis. While investment from other levels of government continues to be critical, we can also look to unlock municipally-owned lands for new affordable housing construction.

CreateTO and the Housing Secretariat have evaluated the City-owned properties at 1113 and 1117 Dundas Street West, just east of Ossington Avenue, and determined that there is good potential for a successful non-profit affordable housing project here. Subject to further work and a process to select a non-profit partner, it may be possible to achieve 100% affordability within the development. This is an opportunity the City should seek to advance and achieve immediately.

City staff require direction to take this important work to the next stage, and have assisted in preparing the recommendations below.

The Subcommittee on the Protection of Affordable Rental Housing recommends that:

1. City Council request the Executive Director, Housing Secretariat print 750 hard copies of the Eviction Prevention Tool Kit and distribute ten each to every City Councillor's office and the offices of all Members of Parliament and Members of Provincial Parliament in Toronto and follow-up with each of these offices to provide a URL where the Tool Kit will be available online so those offices can download and print the latest version themselves.

At its meeting on June 14, 2021, the Subcommittee on the Protection of Affordable Rental Housing considered Item RH5.1, a report (May 31, 2021) from the Executive Director, Housing Secretariat on Tenant Advisory Committee Updates and 2021-2022 Work Plan.

To support delivery of the HousingTO 2020-2030 Action Plan with specific focus on helping renters, the City's Protection of Affordable Rental Housing Advisory Group was established by the Planning and Housing Committee in December 2019 for staggered two-year terms.

On December 8, 2020, through Item PH19.8, the Planning and Housing Committee adopted a new mandate and terms of reference to support the creation of a Tenant Advisory Committee. The Committee also directed the Executive Director, Housing Secretariat to issue a call for members by the end of the fourth quarter of 2020. Following the call for members, the new Tenant Advisory Committee was officially created in March 2021.

This report provides an update on the work of the newly created Tenant Advisory Committee ("TAC"). As directed by the Planning and Housing Committee, TAC will work with City staff to develop annual work plans to advance the protection of affordable rental housing and tenancies. TAC will also provide advice and feedback on policy and program development aimed at preserving affordable housing in Toronto. Additionally, it will support City divisions involved in the development of renter-related services, policies, programs and consultations.

TAC has already begun its work to support City policies, programs and actions. This report outlines priorities identified by TAC and its proposed 2021-2022 work plan. Key areas of focus include the preservation of affordable housing, tenant rights, and ensuring well-maintained homes for renters. Specific projects proposed will focus on: renovictions; small site acquisitions; the creation of tenant hubs; development of proactive tenant communications; and testing and providing feedback on options for a RentSafeTO updated evaluation tool and interactive website.

The Subcommittee on the Protection of Affordable Rental Housing recommends that:

1. City Council direct the General Manager, Shelter, Support and Housing Administration, to implement the Toronto Tenant Support Program as set out in the report (May 31, 2021) from the General Manager, Shelter, Support and Housing Administration and authorize the General Manager, Shelter, Support and Housing Administration to enter into agreements or other suitable arrangements with other City divisions, agencies, boards, corporations, federal and provincial agencies, community agencies, private entities and/or individuals to allocate funding and deliver the Toronto Tenant Support Program.

2. City Council direct the General Manager, Shelter, Support and Housing Administration to include funding for the Toronto Tenant Support Program (TTSP) in the 2022 budget submission, for consideration by the Budget Committee in the 2022 budget process.

At its meeting on June 14, 2021, the Subcommittee on the Protection of Affordable Rental Housing considered Item RH5.2, a report (May 31.2021) from the General Manager, Shelter, Support and Housing Administration on Toronto Tenant Support Program Implementation.

On October 27 and 28, 2020, City Council directed the General Manager, Shelter, Support and Housing Administration to report back to the Subcommittee on the Protection of Affordable Rental Housing in the second quarter of 2021 on opportunities to align, over the intermediate-and long-term, existing programs for tenants in the private market with current market conditions.

Staff considered the following objectives to develop program options for tenants in the private market:

- To support the preservation of affordable rental housing for tenants in Toronto, in line with the objectives outlined in the HousingTO 2020-2030 Action Plan and directives from the Subcommittee on the Protection of Affordable Rental Housing. 

- To enhance and modernize tenant support programs to respond to current market conditions and to the impacts of recent legislative changes.

- To build flexible and responsive program models that allow the City to adapt quickly to changing tenant support needs and changing market conditions.

This report recommends implementing a Toronto Tenant Support Program by modernizing the Tenant Defence Fund and expanding the program scope and flexibility to allow the City to adapt to emerging issues as they arise. The Toronto Tenant Support Program will support eligible tenants to preserve affordable rental housing in the private market, through the following components: (1) Streamlined access to professional services; (2) Tenant information services; (3) Tenant organizing and capacity building; and (4) Research and policy development.

The Subcommittee on the Protection of Affordable Rental Housing recommends that:

1. The Planning and Housing Committee direct staff to report to a December meeting of the Subcommittee, or sooner to the Planning and Housing Committee, with a proposed Renovictions Policy and accompanying procedures for consideration, having regard for best practices from other jurisdictions as applicable; and provide an interim report on those best practices to the Planning and Housing Committee in Fall of 2021.

2. The Planning and Housing Committee request Executive Director, Housing Secretariat to continue to work to strengthen interim eviction prevention measures, including considering expediting the creation of the Housing-At-Risk Table, and to develop tools to monitor the volume and nature of evictions and provide an update to the Planning and Housing Committee on September 21, 2021.

3. The Planning and Housing Committee request the Executive Director, Housing Secretariat in consultation with the Chair, Subcommittee on the Protection of Affordable Rental Housing to establish a working group on tenant eviction prevention, which may include tenant protection Legal Aid Clinics, to a meeting to discuss the establishment of renovictions policies, having regard to the New Westminster, British Columbia model for Toronto.

At its meeting on June 14, 2021, the Subcommittee on the Protection of Affordable Rental Housing considered Item RH5.3, a report (May 31, 2021) from the Executive Director, Housing Secretariat on Actions to Address Renovictions in Toronto.

A key strategic action identified in the HousingTO 2020-2030 Action Plan ("HousingTO Plan") is to prevent homelessness and improve pathways to housing stability for residents across the city. This strategic action reflects community concerns about an increasing trend of illegitimate evictions. Renovictions in particular, where a landlord issues a N13 eviction notice to a tenant under the guise of undertaking renovations but does not follow the requirements of the Residential Tenancies Act, including refusing to allow the tenant to return post-renovation, have been on the rise resulting in the displacement of tenants and the permanent loss of affordable rental housing.

At the September 24, 2020 meeting of the Subcommittee on the Protection of Affordable Rental Housing, the Subcommittee requested staff to report back on the progress made on steps to mitigate illegitimate evictions. On May 20, 2021, the Planning and Housing Committee directed staff to evaluate the New Westminster, BC by-law addressing renovictions and outline how it could be adapted for Toronto.

This report responds to the Subcommittee and Committee's requests and provides a preliminary analysis of the New Westminster, BC by-law and its transferability to a Toronto and Ontario context. Additional jurisdictional scans for creative policy approaches will continue and considered for possible application in Toronto, and a proposed renovictions policy for Toronto will be reported to the Committee by the end of 2021. 

Over the upcoming months, staff will work with the Tenant Advisory Committee and other stakeholders to develop a future City of Toronto renovictions policy and a set of accompanying procedures/actions for implementation. This work would include determining municipal authority and permissions, as well as identifying resource implications and tenant impacts. Elements of a future policy to be considered  includes tenant support and capacity building; assessing and leveraging city authorities to deter renovictions; landlord eligibility for city programs/incentives that encourage investment in existing purpose-built rental housing; the establishment of a housing-at-risk working table; proactive data-driven responses; intergovernmental advocacy and collaboration; housing sector collaboration; and ongoing policy/program evaluation and improvement.

In addition to the above, this report summarizes work completed to date to address illegitimate evictions including setting up an interdivisional staff working group; the establishment of the new Tenant Advisory Committee; developing a new online portal for tenants and an evictions toolkit; expansion of the City's Tenant Defence Fund; and increased funding to Federation of Metro Tenants' Associations (FMTA) to support work related to illegitimate evictions. Additional work is currently underway across City divisions to develop new or enhance existing policies and programs that assist renters.

The report also proposes an interim process to leverage the work of the Outreach and Organizing Program which would identify potential illegitimate renovictions for City staff. An interdivisional staff table would then be convened regularly to review cases where there are suspected illegitimate evictions and to identify any actions that the City could take within its jurisdiction, to support tenant and/or City action on illegitimate evictions.

Councillor Mike Layton recommends that:

1. City Council request that the City Clerk and Chief Planner, City Planning report back to the Planning and Housing Committee on actions which could be taken to address systemic barriers to accessing the public engagement process, including but not limited to:

a. Providing translated notification of planning applications and community meetings, through both on-site signage and by mailed notices, in languages other than English in neighbourhoods that meet a minimum threshold of households who speak a language other than English at home.

b. Continuing to provide virtual community meetings, in addition to in-person meetings, once Covid-19 pandemic restrictions are lifted.

c. Providing electronic notifications to interested parties via email for public community meetings and decision notices.

d. Ensuring that meeting materials, including presentations and reports, are available digitally in advance of community meetings.

e. Improving translation services available at public community meetings by providing interpreters, as required.

f. Standardizing the requirement for requiring the applicants to provide refreshments at in person public community meetings.

g. Requiring, if requested, the applicants to provide childcare services at in person public community meetings.

h. Requiring, if requested, the applicants to provide professional facilitators at community consultation meetings that are anticipated to be contentious.

The development application process is a significant and important public engagement opportunity for residents to provide input on construction that shapes the future of our neighbourhoods and our City. However, we know that systemic racism exists in our city, in the housing market and in our planning process, and that there are many barriers to ensuring equitable participation in the process.

Through consultation and feedback from residents, I have heard that the community consultation process is inaccessible, and heard calls for the City to act to increase participation amongst marginalized residents. We need to find ways to ensure working groups and input into applications comes from a group of residents that is representative of the ethnocultural and economic diversity of a neighbourhood.

A major barrier to public engagement identified by the community is the language barrier non-English speaking residents face when receiving notice of and participating in community meetings. The City already acknowledges it is important to provide information in languages other than English to Toronto’s diverse communities to ensure that language is not a barrier to participation. Many City communications are already published in multiple languages, including “Let’s Get Toronto Vaccinated” and our waste management calendars.

This motion seeks to incorporate translation services as a regular part of City Planning’s public engagement process, in addition to recommending the exploration of other measures, such as childcare, earlier access to community meeting materials, and continuing to provide a virtual community meeting option after the resumption of in-person meetings.