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Bill 134, Affordable Homes and Good Jobs Act, 2023

Calandra, Hon. Paul Minister of Municipal Affairs and Housing

Royal Assent received. Statutes of Ontario 2023,

chapter 18

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Royal Assent

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Bill 134 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 134 and does not form part of the law.

Bill 134 has been enacted as

Chapter 18 of the Statutes of Ontario, 2023.

SCHEDULE 1

DEVELOPMENT CHARGES ACT, 1997

The

Development Charges Act, 1997 includes provisions

exempting affordable and attainable residential units from development charges.

Amendments are made to the provisions that set out when a residential unit

shall be considered to be an affordable residential unit.

SCHEDULE 2

ST. THOMAS - CENTRAL ELGIN BOUNDARY ADJUSTMENT ACT, 2023

The

St. Thomas - Central Elgin Boundary Adjustment Act, 2023

is amended to enable the City of St. Thomas to grant assistance to a specified

corporation during a specified period. A new

section 12.1 establishes the total

amount of certain assistance that may be granted and enables the Minister to

make regulations, including regulations that impose restrictions, limits and

conditions on the City’s powers under the section.

addition, the title of the Act is changed to the Supporting

Manufacturing in St. Thomas Act, 2023 . Other amendments are made to

provide for the Act being divided into Parts.

Bill 134 2023

Act to amend the Development Charges Act, 1997 and the St. Thomas - Central

Elgin Boundary Adjustment Act, 2023

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Development

Charges Act, 1997

Schedule 2

St.

Thomas - Central Elgin Boundary Adjustment Act, 2023

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Except

as otherwise provided in this section, this Act comes into force on the day it

receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Affordable

Homes and Good Jobs Act, 2023 .

SCHEDULE 1

DEVELOPMENT CHARGES ACT, 1997

(1) Subsection 4.1 (1) of the Development

Charges Act, 1997 is amended by adding the following definition:

“Affordable

Residential Units bulletin” means the bulletin entitled the “Affordable

Residential Units for the Purposes of the Development

Charges Act, 1997 Bulletin”, as it is amended from time to time, that is

published by the Minister of Municipal Affairs and Housing on a website of the

Government of Ontario; (“bulletin relatif aux unités d’habitation abordables”)

(2) Paragraph

1 of subsection 4.1 (2) of the Act is repealed and the following substituted:

1. The

rent is no greater than the lesser of,

i. the

income-based affordable rent for the residential unit set out in the Affordable

Residential Units bulletin, as identified by the Minister of Municipal Affairs

and Housing in accordance with subsection (5), and

ii. the

average market rent identified for the residential unit set out in the

Affordable Residential Units bulletin.

(3) Paragraph

1 of subsection 4.1 (3) of the Act is repealed and the following substituted:

1. The

price of the residential unit is no greater than the lesser of,

i. the

income-based affordable purchase price for the residential unit set out in the

Affordable Residential Units bulletin, as identified by the Minister of

Municipal Affairs and Housing in accordance with subsection (6), and

ii. 90

per cent of the average purchase price identified for the residential unit set

out in the Affordable Residential Units bulletin.

(4) Subsections

4.1 (5) and (6) of the Act are repealed and the following substituted:

Rent based on income

(5) For

the purposes of subparagraph 1 i of subsection (2), in identifying the income-based

affordable rent applicable to a residential unit, the Minister of Municipal

Affairs and Housing shall,

(

a) determine

the income of a household that, in the Minister’s opinion, is at the 60th

percentile of gross annual incomes for renter households in the applicable

local municipality; and

(

b) identify

the rent that, in the Minister’s opinion, is equal to 30 per cent of the income

of the household referred to in clause (a).

Purchase

price based on income

(6) For

the purposes of subparagraph 1 i of subsection (3), in identifying the income-based

affordable purchase price applicable to a residential unit, the Minister of

Municipal Affairs and Housing shall,

(

a) determine

the income of a household that, in the Minister’s opinion, is at the 60th

percentile of gross annual incomes for households in the applicable local

municipality; and

(

b) identify

the purchase price that, in the Minister’s opinion, would result in annual

accommodation costs equal to 30 per cent of the income of the household

referred to in clause (a).

Commencement

This

Schedule comes into force on the later of the day

section 3 of

Schedule 3

to the More Homes Built Faster Act, 2022 comes into

force and the day the Affordable Homes and Good Jobs Act,

2023 receives Royal Assent.

SCHEDULE 2

ST. THOMAS - CENTRAL ELGIN BOUNDARY ADJUSTMENT ACT, 2023

The title of the St. Thomas - Central Elgin Boundary

Adjustment Act, 2023 is repealed and the following substituted:

Supporting

Manufacturing in St. Thomas Act, 2023

The Act is amended by adding the following heading before

section 1:

PART I

ST. THOMAS - CENTRAL ELGIN BOUNDARY ADJUSTMENT

Sections 1, 8, 11 and 12 of the Act are amended by striking out “this Act”

wherever it appears and substituting in each case “this Part”.

The Act is amended by adding the following Part:

PART II

ASSISTANCE PERMITTED

Definitions

12.1

(1) In this

Part,

“assistance”

means, except as otherwise provided in subsection (4),

(

a) a

grant, including the giving of money and the selling or leasing of land for

less than fair market value or the granting of land,

(

b) a

total or partial exemption from any levy, charge or fee imposed during the

assistance period, and

(

c) any

other assistance as may be prescribed; (“aide”)

“assistance

period” means 2023 to 2036 or to such other prescribed year; (“période d’aide”)

“land”

includes buildings; (“bien-fonds”)

“prescribed”

means prescribed by the regulations made under this Act. (“prescrit”)

Assistance

permitted

(2) Despite

the Development Charges Act, 1997 , the Building Code Act, 1992 and

section 106 of the Municipal Act, 2001 , the City of St. Thomas may, in

accordance with this section, grant assistance directly or indirectly to

1000511515 Ontario Inc. during the assistance period.

Total

amount of assistance

(3) The

total of the amount of assistance, as defined in subsection (4), that is granted

under this

section shall not exceed the amount equal to the total amount that

would otherwise be owed by 1000511515 Ontario Inc. before the assistance in

respect of,

(

a) taxes

for municipal purposes levied by the City of St. Thomas under the Municipal Act, 2001 on real property during the

assistance period; and

(

b) fees

and charges imposed by the City of St. Thomas under any Act

during the assistance period.

Same

(4) For

the purposes of subsection (3), “assistance” means,

(

a) a

grant, other than the selling or leasing of land for less than fair market

value or the granting of land; and

(

b) a

total or partial exemption from any levy, charge or fee imposed during the

assistance period.

Area

where assistance may apply

(5) For

clarity and subject to the regulations, assistance granted under this

section

may apply to any area within the City of St. Thomas.

Regulations

(6) The

Minister of Municipal Affairs and Housing may make regulations,

(

a) prescribing

anything that is referred to in this

section as being prescribed;

(

b) imposing

restrictions, limits and conditions on the powers of the City of St. Thomas

under this section, including providing that assistance or certain types of

assistance may only apply to specified areas within the City.

Commencement

This

Schedule comes into force on the day the Affordable

Homes and Good Jobs Act, 2023 receives Royal Assent.

Bill 134 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

DEVELOPMENT CHARGES ACT, 1997

The

Development Charges Act, 1997 includes provisions

exempting affordable and attainable residential units from development charges.

Amendments are made to the provisions that set out when a residential unit

shall be considered to be an affordable residential unit.

SCHEDULE 2

ST. THOMAS - CENTRAL ELGIN BOUNDARY ADJUSTMENT ACT, 2023

The

St. Thomas - Central Elgin Boundary Adjustment Act, 2023

is amended to enable the City of St. Thomas to grant assistance to a specified

corporation during a specified period. A new

section 12.1 establishes the total

amount of certain assistance that may be granted and enables the Minister to

make regulations, including regulations that impose restrictions, limits and

conditions on the City’s powers under the section.

addition, the title of the Act is changed to the Supporting

Manufacturing in St. Thomas Act, 2023 . Other amendments are made to

provide for the Act being divided into Parts.

Bill 134 2023

Act to amend the Development Charges Act, 1997 and the St. Thomas - Central

Elgin Boundary Adjustment Act, 2023

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Development

Charges Act, 1997

Schedule 2

St.

Thomas - Central Elgin Boundary Adjustment Act, 2023

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Except

as otherwise provided in this section, this Act comes into force on the day it

receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Affordable Homes and Good

Jobs Act, 2023 .

SCHEDULE 1

DEVELOPMENT CHARGES ACT, 1997

(1) Subsection 4.1 (1) of the Development

Charges Act, 1997 is amended by adding the following definition:

“Affordable

Residential Units bulletin” means the bulletin entitled the “Affordable

Residential Units for the Purposes of the Development

Charges Act, 1997 Bulletin”, as it is amended from time to time, that is

published by the Minister of Municipal Affairs and Housing on a website of the

Government of Ontario; (“bulletin relatif aux unités d’habitation abordables”)

(2) Paragraph

1 of subsection 4.1 (2) of the Act is repealed and the following substituted:

1. The

rent is no greater than the lesser of,

i. the

income-based affordable rent for the residential unit set out in the Affordable

Residential Units bulletin, as identified by the Minister of Municipal Affairs

and Housing in accordance with subsection (5), and

ii. the

average market rent identified for the residential unit set out in the

Affordable Residential Units bulletin.

(3) Paragraph

1 of subsection 4.1 (3) of the Act is repealed and the following substituted:

1. The

price of the residential unit is no greater than the lesser of,

i. the

income-based affordable purchase price for the residential unit set out in the

Affordable Residential Units bulletin, as identified by the Minister of

Municipal Affairs and Housing in accordance with subsection (6), and

ii. 90

per cent of the average purchase price identified for the residential unit set

out in the Affordable Residential Units bulletin.

(4) Subsections

4.1 (5) and (6) of the Act are repealed and the following substituted:

Rent based on income

(5) For

the purposes of subparagraph 1 i of subsection (2), in identifying the income-based

affordable rent applicable to a residential unit, the Minister of Municipal

Affairs and Housing shall,

(

a) determine

the income of a household that, in the Minister’s opinion, is at the 60th percentile

of gross annual incomes for renter households in the applicable local

municipality; and

(

b) identify

the rent that, in the Minister’s opinion, is equal to 30 per cent of the income

of the household referred to in clause (a).

Purchase

price based on income

(6) For

the purposes of subparagraph 1 i of subsection (3), in identifying the income-based

affordable purchase price applicable to a residential unit, the Minister of

Municipal Affairs and Housing shall,

(

a) determine

the income of a household that, in the Minister’s opinion, is at the 60th

percentile of gross annual incomes for households in the applicable local

municipality; and

(

b) identify

the purchase price that, in the Minister’s opinion, would result in annual

accommodation costs equal to 30 per cent of the income of the household

referred to in clause (a).

Commencement

This

Schedule comes into force on the later of the day

section 3 of

Schedule 3 to the More Homes Built Faster

Act, 2022 comes into force and the day the Affordable

Homes and Good Jobs Act, 2023 receives Royal Assent.

SCHEDULE 2

ST. THOMAS - CENTRAL ELGIN BOUNDARY ADJUSTMENT ACT, 2023

The title of the St. Thomas - Central Elgin Boundary

Adjustment Act, 2023 is repealed and the following substituted:

Supporting

Manufacturing in St. Thomas Act, 2023

The Act is amended by adding the following heading before

section 1:

PART I

ST. THOMAS - CENTRAL ELGIN BOUNDARY ADJUSTMENT

Sections 1, 8, 11 and 12 of the Act are amended by striking out “this Act”

wherever it appears and substituting in each case “this Part”.

The Act is amended by adding the following Part:

PART II

ASSISTANCE PERMITTED

Definitions

12.1

(1) In this

Part,

“assistance”

means, except as otherwise provided in subsection (4),

(

a) a

grant, including the giving of money and the selling or leasing of land for

less than fair market value or the granting of land,

(

b) a

total or partial exemption from any levy, charge or fee imposed during the

assistance period, and

(

c) any

other assistance as may be prescribed; (“aide”)

“assistance

period” means 2023 to 2036 or to such other prescribed year; (“période d’aide”)

“land”

includes buildings; (“bien-fonds”)

“prescribed”

means prescribed by the regulations made under this Act. (“prescrit”)

Assistance

permitted

(2) Despite

the Development Charges Act, 1997 , the Building Code Act, 1992 and

section 106 of the Municipal Act, 2001 , the City of St. Thomas may, in

accordance with this section, grant assistance directly or indirectly to

1000511515 Ontario Inc. during the assistance period.

Total

amount of assistance

(3) The

total of the amount of assistance, as defined in subsection (4), that is granted

under this

section shall not exceed the amount equal to the total amount that

would otherwise be owed by 1000511515 Ontario Inc. before the assistance in

respect of,

(

a) taxes

for municipal purposes levied by the City of St. Thomas under the Municipal Act, 2001 on real property during the

assistance period; and

(

b) fees

and charges imposed by the City of St. Thomas under any Act

during the assistance period.

Same

(4) For

the purposes of subsection (3), “assistance” means,

(

a) a

grant, other than the selling or leasing of land for less than fair market

value or the granting of land; and

(

b) a

total or partial exemption from any levy, charge or fee imposed during the assistance

period.

Area

where assistance may apply

(5) For

clarity and subject to the regulations, assistance granted under this

section

may apply to any area within the City of St. Thomas.

Regulations

(6) The

Minister of Municipal Affairs and Housing may make regulations,

(

a) prescribing

anything that is referred to in this

section as being prescribed;

(

b) imposing

restrictions, limits and conditions on the powers of the City of St. Thomas

under this section, including providing that assistance or certain types of

assistance may only apply to specified areas within the City.

Commencement

This

Schedule comes into force on the day the Affordable

Homes and Good Jobs Act, 2023 receives Royal Assent.

Date Bill stage Event Outcome Committee

December 4, 2023

Royal Assent

Royal Assent received

November 29, 2023

Third Reading

Vote

Carried

November 29, 2023

Third Reading

Question put

November 29, 2023

Third Reading

Debated

November 28, 2023

Third Reading

Debated

Debate adjourned

November 23, 2023

Second Reading

Ordered for Third Reading

November 23, 2023

Second Reading

Report adopted

November 23, 2023

Second Reading

Reported without amendment

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 23, 2023

Second Reading

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 15, 2023

Second Reading

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

October 4, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on Heritage, Infrastructure and Cultural Policy

October 4, 2023

Second Reading

Vote

Carried

October 4, 2023

Second Reading

Question put

October 4, 2023

Second Reading

Debated

October 4, 2023

Second Reading

Debated

October 4, 2023

Second Reading

Debated

Debate adjourned

October 3, 2023

Second Reading

Debated

Debate adjourned

September 28, 2023

First Reading

Ordered for Second Reading

September 28, 2023

First Reading

Vote

Carried

First Reading

September 28, 2023

Carried

Second Reading

October 3, 2023

Principal Debaters

Calandra, Hon. Paul

Markham—Stouffville

Flack, Hon. Rob

Elgin—Middlesex—London

Rae, Matthew

Perth—Wellington

Questions and Responses

Bailey, Robert

Sarnia—Lambton

Cuzzetto, Rudy

Mississauga—Lakeshore

Mamakwa, Sol

Kiiwetinoong

Sattler, Peggy

London West

Smith, Laura

Thornhill

Tabuns, Peter

Toronto—Danforth

October 4, 2023

Principal Debaters

Blais, Stephen

Orléans

Gélinas, France

Nickel Belt

Kernaghan, Terence

London North Centre

Leardi, Anthony

Essex

Yakabuski, John

Renfrew—Nipissing—Pembroke

Questions and Responses

Andrew, Jill

Toronto—St. Paul's

Armstrong, Teresa

London—Fanshawe

Bourgouin, Guy

Mushkegowuk—James Bay

Burch, Jeff

Niagara Centre

Collard, Lucille

Ottawa—Vanier

Fife, Catherine

Waterloo

French, Jennifer

Oshawa

Gallagher Murphy, Dawn

Newmarket—Aurora

Harris, Mike

Kitchener—Conestoga

Jama, Sarah

Hamilton Centre

Kanapathi, Logan

Markham—Thornhill

Martin, Robin

Eglinton—Lawrence

Sandhu, Amarjot

Brampton West

Sattler, Peggy

London West

October 4, 2023

Debated

Carried

Ordered referred to Standing Committee

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 15, 2023

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 23, 2023

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 23, 2023

Reported without amendment

Standing Committee on Heritage, Infrastructure and Cultural Policy

Ordered for Third Reading

Third Reading

November 28, 2023

Principal Debaters

Calandra, Hon. Paul

Markham—Stouffville

Flack, Hon. Rob

Elgin—Middlesex—London

Rae, Matthew

Perth—Wellington

Questions and Responses

Bell, Jessica

University—Rosedale

Bouma, Will

Brantford—Brant

Dowie, Andrew

Windsor—Tecumseh

Mamakwa, Sol

Kiiwetinoong

McMahon, Mary-Margaret

Beaches—East York

Pang, Billy

Markham—Unionville

Vaugeois, Lise

Thunder Bay—Superior North

November 29, 2023

Bell, Jessica

University—Rosedale

Calandra, Hon. Paul

Markham—Stouffville

Dowie, Andrew

Windsor—Tecumseh

Fedeli, Hon. Victor

Nipissing

French, Jennifer

Oshawa

Gallagher Murphy, Dawn

Newmarket—Aurora

Glover, Chris

Spadina—Fort York

Harris, Mike

Kitchener—Conestoga

Hazell, Andrea

Scarborough—Guildwood

Jones, Trevor

Chatham-Kent—Leamington

Kernaghan, Terence

London North Centre

Leardi, Anthony

Essex

Martin, Robin

Eglinton—Lawrence

Pierre, Natalie

Burlington

Quinn, Nolan

Stormont—Dundas—South Glengarry

Rae, Matthew

Perth—Wellington

Sattler, Peggy

London West

Smith, Dave

Peterborough—Kawartha

Stevens, Jennifer (Jennie)

St. Catharines

Vaugeois, Lise

Thunder Bay—Superior North

West, Jamie

Sudbury

Carried

Royal Assent

December 4, 2023

Royal Assent received