Planning Amendment Act (Enabling Municipalities to Require Inclusionary Housing), 2014 DiNovo, Cheri — Bill 3 (41st Parliament, 1st Session)

Bill 3, 41-1

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Bill 3, Planning Amendment Act (Enabling Municipalities to Require Inclusionary Housing), 2014

DiNovo, Cheri

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[41] Bill 3 Original (PDF)

Bill 3 2014

Act to amend the Planning Act with respect to inclusionary housing

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

1. Subsection

1 (1) of the Planning Act is amended by

adding the following definition:

"affordable" has the same meaning as in the Provincial

Policy Statement issued under

section 3 that is published by and available from

the Ministry of Municipal Affairs and Housing; ("abordable")

2. Subsection

34 (1) of the Act is amended by adding the following paragraph:

Inclusionary

housing

4.1 Requiring

that a specified percentage of housing units in all new housing developments

containing 20 or more housing units be affordable, and specifying the

percentage.

3. The

Act is amended by adding the following section:

Inclusionary

housing by-law

37.1

(1) The

council of a local municipality may, in a by-law passed under

section 34,

(

a) require

that a specified percentage of housing units in all new housing developments

containing 20 or more housing units be affordable; and

(

b) specify

the percentage.

Condition

(2) A by-law shall not contain a

requirement described in subsection (1) unless there is an official plan in

effect in the local municipality that contains provisions relating to

inclusionary housing requirements.

By-law

applies to all developments

(3) A by-law described in subsection

(1) applies regardless of whether a new housing development requires amendments to

an existing by-law or not.

Incentives

(4) The existence of a by-law described in

subsection (1) does not require the municipality to provide any financial

assistance or other incentives to developers.

Agreements

(5) If a municipality has passed a by-law

described in subsection (1), the municipality may require the developer of a

new housing development containing 20 or more housing units to enter into one

or more agreements with the municipality dealing with affordable housing

requirements in the development.

Agreement

re: affordability

(6) Without restricting the generality of

subsection (5), an agreement entered into under that subsection may restrict

the ownership and occupancy of affordable units to eligible persons.

Registration

of agreement

(7) Any agreement entered into under

subsection (5) may be registered against the land to which it applies and the

municipality is entitled to enforce the provisions thereof against the

developer and, subject to the provisions of the Registry

Act and the Land Titles Act , any and all subsequent

owners of the land.

Regulations

(8) The Lieutenant Governor in Council may

make regulations dealing with the following matters in connection with

affordable housing units that are required by by-laws described in subsection

(1):

1. The

number of bedrooms in the affordable units.

2. The

size of affordable units.

3. The

timing of the construction of the affordable units.

4. The

location and distribution of the affordable units.

5. The

design and construction standards required for the affordable units.

6. The

eligibility requirements for ownership and occupancy of affordable units.

7. Alternative

methods for satisfying inclusionary housing requirements, including but not

limited to payment of fees in lieu and the provision of land.

8. Such

other matters as the Lieutenant Governor in Council considers necessary or

advisable in connection with the provision of inclusionary housing.

4. Subsection

51 (25) of the Act is amended by striking out "and" at the end of clause (

c) and by adding the following clause:

(c.1) that

a specified percentage of housing units in all new housing developments in the

subdivision containing 20 or more housing units be affordable, and specifying

the percentage; and

Commencement

5. This

Act comes into force six months after the day it receives Royal Assent.

Short

title

6. The

short title of this Act is the Planning Amendment Act

(Enabling Municipalities to Require Inclusionary Housing), 2014 .

EXPLANATORY

NOTE

Section

34 of the Planning Act is amended to allow the

councils of local municipalities to pass zoning by-laws to require inclusionary

housing in the municipality by mandating that a specified percentage of housing

units in new housing developments containing 20 or more housing units must be

affordable to low and moderate income households.

New

section 37.1 of the Act deals with inclusionary housing by-laws in greater

detail.

Section

51 of the Act is amended to allow the approval authority to impose, as a

condition of approval of a plan of subdivision, a requirement that a specified

percentage of housing units in new housing developments in the subdivision

containing 20 or more housing units must be affordable to low and moderate

income households.

Date Bill stage Activity Committee

July 7, 2014

First Reading

Carried

Debates and Progress

First Reading

July 7, 2014

Committee

Second Reading

Committee

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 3, 41-1
Type	bill
Volume / chapter	p41 s1 bill 3 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	98e3f22ec812bf215a2759e3cca59d7073c32fd8

Source file is stored in the law ingest library (html).