An Act respecting the demolition of rental housing units in the City of Toronto — Private Bill PR22 (37th Parliament, 3rd Session)

Bill PR22, 37-3

Ontario — Bills

2ND SESSION, 37TH LEGISLATURE, ONTARIO 50 ELIZABETH II, 2001 Bill Pr22

An Act respecting the demolition of rental housing units in the City of Toronto Mr. Bryant Private Bill 1st Reading November 22, 2001 2n d Reading 3r d Reading Royal Assent Printed by the Legislative Assembly of Ontario

EXPLANATORY NOTE The Bill authorizes the City of Toronto to make by-laws regulat- ing the alteration and demolition of certain buildings that contain rental housing units.

Bill Pr22 2001

An Act respecting the demolition of rental housing units in the City of Toronto

Preamble The council of the City of Toronto (“city council”) has applied for special legislati on in respect of the matters set out in this Act. It is appropriate to grant the application. Therefore, Her Majesty, by and with the advice and con- sent of the Legislative Assembly of the Province of On- tario, enacts as follows:

INTERPRETATION

Interpretation 1.

(1) Expressions used in this Act have the same meaning as in the Tenant Protection Act, 1997 unless the context requires otherwise.

Definitions

(2) In this Act, “alteration or demolition” means, with respect to a regu- lated building, the alteration, repair or removal of all or part of the building that results in a decrease in the number of rental units in the building, and “alter or demolish” has a corresponding meaning; “regulated building” means a building that contains at least one rental unit and is, or is part of, a residential complex containing at least six rental units but does not include a building that contains living accommo- dations described in

section 3 (exemptions from Act) of the Tenant Protection Act, 1997. BY-LAW GOVERNING THE ALTERATION OR DEMOLITION OF REGULATED BUILDINGS By-law 2.

(1) City council may, by by-law, regulate the al- teration and demolition of regulated buildings. Prohibition, alteration or demolition without approval

(2) The by-law shall prov ide that a person shall not alter or demolish a regulated building if it would result in a decrease in the number of rental units in the build- ing, unless city council approves the alteration or demo- lition. Condition of approval

(3) The by-law shall prov ide that an applicant for approval shall be required to construct approximately the same number of rental units as the number that will be lost by virtue of the alteration or demolition. Exception

(4) The by-law may provide that the requirement de- scribed in subsection (3) does not apply if the regulated building is to be altered or demolished so that rental units may be constructed under a government program specified in the by-law for the creation of affordable housing or housing for people with special needs, as these types of housing are defined in the by-law. Lapse of approval

(5) The by-law may provide that an approval lapses in the circumstances set out in the by-law or after the pe- riod specified in the by-law. Application fees

(6) The by-law may establ ish fees for an application to approve the alteration or demolition of a regulated building, and the fees must not exceed the anticipated costs to the City of processing such an application. Period when by-law is inoperative 3. A by-law made under

section 2 is inoperative dur- ing any year that follows a period of two consecutive years throughout which the vacancy rate for rental hous- ing in the City, as reported by the Canada Mortgage and Housing Corporation’s annual Rental Market Survey for the Toronto Census Market Area, was at least 2.5 per cent. Effect of by-law 4.

(1) If a by-law is made under

section 2, neither a permit under subsection 8 (1) of the Building Code Act, 1992 for construction or demolition of a building nor a demolition permit under the Planning Act or the Ontario Heritage Act shall be issued with respect to the alteration or demolition of a regulated building unless city council approves the alteration or demolition under the by-law. Exceptions (2) Subsection (1) does not apply with respect to the issuance of a permit in an y of the following circum- stances: 1. The regulated building is subject to an order for demolition under the Building Code Act, 1992. 2.

The regulated building is the subject of an order for removal under the Fire Protection and Pre- vention Act, 1997. 3. The regulated building is the subject of an order for structural and other repairs or renovations un-

2 Bill Pr22 2001 TORONTO (CITY OF) (RENTAL HOUSING UNITS) der the Fire Protection and Prevention Act, 1997 and the required repairs or ren ovations constitute alteration or demolition under this Act. 4. The residential use of the rental units in the regu- lated building is not permitted under the applica- ble zoning by-laws. 5. The demolition relates to un its reg istered un der the Condominium Act, 199 8, or a pre decessor to that Act, or units in a building owned by a corpo- ration t hat i s regi stered under t he Co-operative Corporations Act. Same

(3) Subsection ( 1) does no t ap ply du ring a p eriod when the by-law is inoperative. Alteration, etc., without a permit

(4) If subsection (1) applies with respect to the altera- tion or demolition of a re gulated building, an o wner of the building is not entitled to alter or dem olish it under subsection 34 (3) or ( 4) or 44 (2) of the Ontario Heri- tage Act. No appeal under Planning Act

(5) If subsection (1) applies with respect to the altera- tion or demolition of a regulated building, no appeal may be brought under subsection 34 (4) of the Planning Act with resp ect to th e issu ance o f a demolition permit fo r the regulated building. Conflicts (6) Subsection (1) applies despite subsection 8 (2) of the Building C ode Act, 19 92, subsection 33 (6 ) of the Planning Act and subsection 2 (2) of the City of Toronto Act (Heritage Properties), 2001. APPLICATION FOR APPROVAL Application for approval 5.

(1) An owner of a reg ulated building who wishes to alter or d emolish it may apply in writing to the City Clerk for a pproval, a nd t he ap plication must cont ain such information as may be required by by-law. Effect of withdrawing application

(2) If th e ap plication is wit hdrawn b efore it is d e- cided, no further application to approve the alteration or demolition of the building may be made within 365 days after t he withdrawal, u nless ci ty counci l gi ves i ts co n- sent. Notice to tenants 6.

(1) The City Clerk shall give written notice of an application for ap proval o f th e alteratio n or d emolition of a regulated b uilding t o t he t enants who m ay be af - fected by the proposed alteration or demolition. Same

(2) City co uncil sh all n ot consider th e application until at least 20 d ays after notice of th e application is given to the tenants under subsection (1). DECISION ON THE APPLICATION Decision on application 7.

(1) Upon receiving a n a pplication to a pprove the alteration or d emolition o f a reg ulated b uilding, city council may give its approval and may impose such rea- sonable conditions on the approval as it considers appro- priate in the circumstances. Conditions

(2) Without limiting the generality of subsection (1), the conditions that may be imposed on the approval may include any of the following: 1. A requirement that any new rental units (the “re- placement rental units”) m ust be a sim ilar type and size of unit as the rental units lost by virtue of the alteratio n o r d emolition (th e “d emolished rental units”) and that the replacement rental units must be available for approximately the same rent as the demolished rental units. 2. A requirem ent that the replace ment rental units remain as rental units for a specified period. 3.

Specification of a lo cation within t he v icinity o f the demolished rental units where the replacement rental units are to be constructed. 4. A requirement t hat t enants o f t he demolished rental units be gi ven t he ri ght o f first re fusal t o occupy the replacement rental units. 5. A requirement that the replacement rental units be constructed and ready f or oc cupancy wi thin two years after the d ate on which th e app roval is given. 6.

Specification th at th e app licant is n ot en titled to either o f th e following until th e co nditions i m- posed by city council have been satisfied or have been secured by an agreement registered on title to each property to which the agreement relates: i. A permit under subsection 8 (1) of the Build- ing C ode Act , 1 992 f or construction or demolition of a building. ii. A demolition permit under the Planning Act or the Ontario Heritage Act. Offence, non-compliance

(3) A by-law made under

section 2 may provide that it is an offence to fail to com ply with a co ndition im - posed on the approval. Registration of agreement

(4) An agreement described in paragraph 6 of subsec- tion (2) m ay be reg istered on title to th e p roperty to which the agreement relates. Enforcement of agreement

(5) City council may enforce an agreement registered under subsection (4) against every owner of the property and against any subsequent owner of the property.

2001 Bill Pr22 3 TORONTO (CITY OF) (RENTAL HOUSING UNITS) Notice of decision 8.

(1) City counci l shal l gi ve an a pplicant fo r ap - proval to alter or demolish a reg ulated building written notice of its decision within 10 days after the decision is made. Same

(2) The notice must include the reasons for the deci- sion and m ust advise the applicant of the time li mit for appealing the decision. Same

(3) The notice must b e sen t to th e ap plicant at th e applicant’s last known address. APPEALS TO THE ONTARIO MUNICIPAL BOARD Appeal from a decision 9.

(1) A person who is not satisfied with the decision of city cou ncil o n an ap plication to ap prove th e altera- tion or demolition of a regulated building may appeal the decision to the Ontario Municipal Board. Same

(2) A written notice of app eal must b e g iven to th e City C lerk with in 20 days after th e app licant is g iven notice of the decision, a nd the notice of appeal must set out the objection and the reasons for the objection Appeal where no decision made 10.

(1) If city council does not make a decision on an application t o approve the alteration or demolition o f a regulated building with in 90 d ays after t he City Clerk receives t he a pplication, the applicant m ay appeal t he matter to the Ontario Municipal Board. Same

(2) A written notice of app eal must b e g iven to th e City Clerk. Powers of the O.M.B. 11. On an appeal, the Ontari o Municipal Board ma y make an y decision t hat city coun cil is au thorized to make with resp ect to an ap plication to approve the al- teration or d emolition o f a regu lated bu ilding, and th e Board m ay su bstitute its j udgment fo r th e judgment o f city council. GENERAL Offence 12.

(1) Every person who contravenes a by-law made under

section 2 is guilty of an offence. Same

(2) Every di rector or o fficer o f a c orporation who concurs in a contravention of the corporation of a by-law made under

section 2 is guilty of an offence. Commencement 13. This Act comes into force on the day it receives Royal Assent.

Short title 14. The

short title of this Act is the City of Toronto Act (Rental Housing Units), 2001.

Document details

Collection	Ontario — Bills
Citation	Bill PR22, 37-3
Type	bill
Volume / chapter	p37 s3 bill pr22 bill text 37 3 en pr022.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	8b14d7689313d9bd46970b67b29aa07ddb52801a

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