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Bill 38, Toronto Islands Amendment Act, 1996

Leach, Hon. Allan F. Minister of Municipal Affairs and Housing

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Original

Toronto Islands Amendment Act, 1996

EXPLANATORY NOTE

The Bill amends the Toronto Islands Residential Community Stewardship Act, 1993 .

Under the current Act, the Province leases certain land and buildings to the City of Toronto, and other land and buildings to the Toronto Islands Residential Community Trust Corporation ("the Trust") until December 15, 2092. The Bill changes

some aspects of the leasing arrangements. Vacant lands and the Parsonage will be leased to the City. The City will have a right of way respecting the sewer and water infrastructure. Toronto Hydro will continue to have a right of way in connection

with its property and equipment. Transitional provisions are set out. (Sections 2 to 4, 10 and subsection 22 (1) of the Bill)

The City of Toronto will not be liable for damages resulting from the installation, operation or maintenance of the sewer and water infrastructure, unless the City is negligent. Similar provision is made for Toronto Hydro. (Subsection 3 (1) and

section 4 of the Bill, subsections 4 (1.2) and 4.1 (2) of the Act)

The Act now permits the City to levy an annual charge on Islands residents to pay the debt for the sewer and water infrastructure. Under the Bill, the charge may take the form of a single lump sum or a periodic payment (as prescribed by

regulation). This charge will be able to be collected in the same manner as real property taxes. Restrictions concerning the fare for ferry service in the winter are repealed. (Section 5 of the Bill)

The Act now specifies that two-thirds of the members of the board of directors of the Trust must be residents of the Islands. The Bill repeals this requirement. The Trust will be permitted to impose fees and charges generally, and will be

required to raise sufficient revenue to carry out its objects. (Sections 8 and 9 of the Bill)

Under the current Act, the Trust is authorized to sell up to 110 land leases for land sufficient to accommodate up to 110 houses. The Bill restricts the Trust to selling 12 land leases for land sufficient for 12 houses. (Subsections 13 (1) and

(2) of the Bill)

Under the current Act, the Trust is required to keep a list of prospective purchasers of houses and land leases. The list includes both applicants and "protected occupants", and the order of names on the list is determined in part by

regulation. Under the Bill, protected occupants cease to have special status for the purposes of the list. A transitional provision is set out. (Section 18 and subsection 22 (4) of the Bill)

The Act now permits a co-operative housing corporation to operate co-operative housing on the Islands. The Bill repeals the provisions of the Act that relate to the co-operative housing corporation. The Trust will no longer be able to offer to

sell land leases to the co-operative housing corporation. Transitional provisions are set out. (Sections 1, 6, subsections 11 (1), 13 (4),

section 16 and subsections 22 (2) and (3) of the Bill)

Under the current Act, the Province is required to give a loan guarantee to enable the owner of a house on the Islands to purchase a land lease or to bring the house up to fire code standards. This requirement is repealed. The Province will no

longer receive a portion of the proceeds from the sale of a land lease. (Subsection 11 (2) and

section 12 of the Bill)

The current Act exempts the Islands lands from certain Planning Act requirements. The exemption is repealed. Under the Bill, the Minister is given final authority under the Planning Act for certain decisions. That authority is

repealed after two years. (Section 19 of the Bill)

The City of Toronto will not be liable for failing to enforce Building Code requirements in connection with certain proceedings and applications commenced before December 15, 1993. The proceedings are discontinued and the applications

are deemed to be withdrawn. (Section 21 of the Bill, subsections 33 (2) to (4) of the Act)

Minor technical amendments are made. (Sections 7, 14, 15, 17 and 20 of the Bill)

Bill 381996

An Act to amend the Toronto Islands

Residential Community Stewardship Act,

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The definition of "co-operative housing corporation" in

section 1 of the Toronto Islands Residential Community Stewardship Act, 1993 is repealed.

2. Subsection 3 (5) of the Act is repealed.

(1) Section 4 of the Act is amended by adding the following subsections:

Various

(1.1) The following are leased to the City for a term ending on December 15, 2092:

1. All the title and interest acquired by the Province of Ontario under subsections 2 (1) and (2) in such rights of way, property, plant and equipment as may be prescribed for the purpose of the sewer and water infrastructure.

2. All the title and interest in such portion as may be prescribed of the land acquired by the Province under subsection 2 (1), other than what is described in paragraph 1 and in subsection 4.1 (1).

3. All the title and interest acquired by the Province under subsection 2 (2) in the building known as "the Parsonage" located at 60 Lakeshore Avenue, other than what is described in paragraph 1 and in subsection 4.1 (1).

Liability of City

(1.2) The City is not liable for any injury or damage resulting from the installation, operation or maintenance of any property, plant or equipment referred to in paragraph 1 of subsection (1.1) other than injury or damage resulting from its

negligence.

(2) Subsection 4 (4) of the Act is amended by striking out "for the remainder of the 99 year lease described in

section 16" at the end and substituting "for the remainder of the lease described in

section 4.2".

(3) Subsection 4 (5) of the Act is amended by striking out "for the remainder of the 99 year lease described in

section 16" at the end and substituting "for the remainder of the lease described in

section 4.2".

4. The Act is amended by adding the following sections:

Lease to Toronto Hydro

4.1

(1) All the title and interest acquired by the Province of Ontario under subsections 2 (1) and (2) in such rights of way, property, plant and equipment as may be prescribed is leased to Toronto Hydro for a term ending on

December 15, 2092.

Liability

(2) Toronto Hydro is not liable for any injury or damage resulting from the installation, operation or maintenance of the property, plant or equipment referred to in subsection (1) other than injury or damage resulting from its negligence.

Lease to Trust

4.2 The following are leased to the Trust for a term ending on December 15, 2092:

1. All the title and interest in land acquired by the Province under subsection 2 (1) other than what is leased to the City under

section 4 and to Toronto Hydro under

section 4.1.

2. All title and interest acquired by the Province under subsection 2 (2) in such buildings and structures as may be prescribed.

5. (1) Subsection 5 (3) of the Act is repealed.

(2) Subsections 5 (4) and (5) of the Act are repealed and the following substituted:

Sewer, water charge

(4) The city may levy a charge in respect of the debt for the sewer and water infrastructure existing on December 15, 1993 and may require the charge to be paid by a lump sum payment or by periodic payments. The charge is payable by the

following individuals and is to be divided equally among all of them:

1. The owners of vacant land leases.

2. The owners of houses and land leases or protected occupants who are occupying a house.

Same

(5) The Lieutenant Governor in Council may, by regulation, prescribe the amount of the debt referred to in subsection (4), the circumstances in which a lump sum payment or periodic payments are to be required and the amortization period used to

calculate the periodic payment.

Same, lien

(5.1) The charge levied under subsection (4) is a lien on the land and may be collected in the same manner and with the same remedies as are provided under the Municipal Act for the collection of real property taxes.

6. Clause 7 (2) (

b) of the Act is repealed.

7. Subsection 10 (1) of the Act is repealed and the following substituted:

Real property

(1) A house and land lease or a vacant land lease shall be deemed to be real property for all purposes.

8. (1) Subsection 12 (1) of the Act is repealed and the following substituted:

Board

(1) The affairs of the Trust shall be managed by a board of directors consisting of not more than 15 members.

(2) Subsection 12 (3) of the Act is repealed.

9. (1) Clauses 13 (2) (

a) and (

b) of the Act are repealed and the following substituted:

(

a) impose fees and charges; and

(2) Clause 13 (3) (

c) of the Act is repealed and the following substituted:

(

c) raise sufficient revenue to carry out the objects of the Trust; and

Section 16 of the Act is repealed.

11. (1) Clause 17 (6) (

b) of the Act is repealed.

(2) Paragraph 2 of subsection 17 (11) of the Act is repealed.

Section 18 of the Act is repealed.

13. (1) Subsections 19 (1), (2), (3), (4) and (5) of the Act are repealed and the following substituted:

Vacant land leases

(1) The Trust may offer to sell, in accordance with this section, a maximum of 12 land leases with respect to land described in the

Schedule that was vacant on December 15, 1993.

Same

(2) Each land lease must be with respect to land sufficient to accommodate only one house.

(2) Subsection 19 (6) of the Act is repealed and the following substituted:

Offer to individuals

(6) The Trust may offer a maximum of 12 land leases to individuals whose names are on the list described in

section 25.

Same

(6.1) An offer under subsection (6) may include the condition that the purchaser agrees to construct a house on the land upon the terms set out by the Trust.

(3) Clause 19 (8) (

a) of the Act is repealed and the following substituted:

(

a) accept the offer at the price and on the terms offered by the Trust; or

(4) Subsections 19 (13), (14), (15) and (16) of the Act are repealed and the following substituted:

Acceptance of offer

(13) An individual who accepts the Trust's offer shall pay the purchase price to the Trust within 30 days after accepting the offer. Immediately upon receiving the money, the Trust shall vest all the title and interest in the land lease and

house, if there is one, in the purchaser.

Joint tenants

(14) If requested by the purchaser, the Trust shall vest the ownership under subsection (13) in more than one individual as joint tenants.

Proceeds

(15) The Trust is entitled to all the proceeds of the sale of a land lease, a house or both under this section.

(1) The French version of paragraph 6 of

section 20 of the Act is amended by striking out "s'y rapportant" in the fourth line.

(2) Paragraph 6 of

section 20 of the Act is further amended by adding at the end "However, the owner may mortgage or give a security interest in the house, if there is one, and the land lease and may do so without the consent of the

Trust.".

(3) The French version of paragraph 7 of

section 20 of the Act is amended by striking out "s'y rapportant" in the third line.

Section 21 of the Act is amended by adding the following subsection:

Mortgage, etc.

(8.1) An owner may mortgage or give a security interest in his or her interest in a house and land lease or in a vacant land lease.

16. (1) Subsections 22 (2) and (3) of the Act are repealed and the following substituted:

Trust offers to sell

(2) Upon receipt of a request, the Trust shall immediately offer the house and land lease or vacant land lease for resale on the owner's behalf to the individuals on the list described in

section 25 for a price to be determined by the

regulations.

(2) Subsection 22 (4) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Options of purchaser

(4) Within 30 days after the receipt of the offer from the Trust, the individual shall,

. . . . .

(3) Subsections 22 (5) and (6) of the Act are repealed and the following substituted:

Option deemed taken

(5) An individual who fails to respond to an offer from the Trust as provided in subsection (4) shall be deemed to have responded under clause (4) (b).

Presentation of offer

(6) If an individual accepts the Trust's offer, the Trust shall present the acceptance to the owner as an offer to purchase the house and land lease or vacant land lease.

(4) Clause 22 (7) (

a) of the Act is repealed and the following substituted:

(

a) accept the offer at the price and on the terms offered by the individual; or

17. (1) Subsection 24 (1) of the Act is amended by striking out "subsections (2) and (3)" in the first and second lines and substituting "subsections (2), (3) and (3.1)".

(2) Section 24 of the Act is amended by adding the following subsection:

Mortgagee

(3.1) In the event of a default under a mortgage, the mortgagee is entitled to exercise the owner's right to require a sale of the house and land lease or vacant land lease only after giving the notices required under the Mortgages

Act .

Section 25 of the Act is repealed and the following substituted:

Purchaser list

25. The Trust shall keep a list of individuals who apply in writing to purchase a house and land lease or vacant land lease on the land described in the Schedule.

19. (1) Subsection 29 (1) of the Act is repealed.

(2) Subsections 29 (2) and (3) of the Act are repealed.

(3) Section 29 of the Act is amended by adding the following subsections:

Minister's order under Planning Act

(3.1) An order of the Minister under subsections 47 (1), (4) and (8) of the Planning Act with respect to the land described in the

Schedule is final, and subsections 47 (10) to (14) of that Act do not apply.

Repeal

(3.2) Subsection (3.1) is repealed on the second anniversary of the day on which subsection 18 (3) of the Toronto Islands Amendment Act, 1996 comes into force.

(4) Subsection 29 (4) of the Act is repealed.

(1) Paragraph 1 of subsection 32 (1) of the Act is repealed.

(2) Paragraph 10 of subsection 32 (1) of the Act is repealed.

(3) Paragraph 13 of subsection 32 (1) of the Act is repealed and the following substituted:

13. prescribing a purchase price for a house, or a method of determining it, for the purposes of subsection 19 (12).

(4) Paragraphs 14, 15 and 16 of subsection 32 (1) of the Act are repealed and the following substituted:

14. prescribing a method of determining a purchase price for a land lease sold under subsection 17 (5), 19 (11) or 21 (5) or (6) and prescribing a different calculation if the purchaser meets the financial need requirements prescribed under

paragraph 12.

(5) Paragraph 21 of subsection 32 (1) of the Act is repealed and the following substituted:

21. prescribing a purchase price or a method of determining it, for a house and land lease or vacant land lease for the purposes of subsections 22 (2) and 23 (2).

(6) Paragraph 25 of subsection 32 (1) of the Act is repealed.

(7) Paragraph 28 of subsection 32 (1) of the Act is repealed and the following substituted:

28. prescribing such other matters as may be prescribed under the Act.

Section 33 of the Act is repealed and the following substituted:

Conflicts

(1) This Act prevails in the event of a conflict between it and the Assessment Act , the Building Code Act, 1992 , the Family Law Act , the Landlord and Tenant Act , the Mortgages

Act , the Municipal Tax Sales Act , the Rent Control Act, 1992 , the Rental Housing Protection Act , the Residential Rent Regulation Act or the Succession Law Reform Act .

Proceedings under Building Code Act, 1992

(2) The following proceedings commenced before December 15, 1993 under the Building Code Act, 1992 or a predecessor to that Act are discontinued on the day on which

section 20 of the Toronto Islands Amendment Act, 1996 comes

into force:

1. Such proceedings as may be prescribed relating to land described in the

Schedule and houses and other buildings and structures on that land.

2. Proceedings relating to such land described in the

Schedule as may be prescribed and such houses and other buildings and structures on that land as may be prescribed.

Applications under Building Code Act, 1992

(3) The following applications made before December 15, 1993 under the Building Code Act, 1992 or a predecessor to that Act shall be deemed to be withdrawn on the day on which

section 20 of the Toronto Islands Amendment Act,

1996 comes into force:

1. Such applications as may be prescribed relating to land described in the

Schedule and houses and other buildings and structures on that land.

2. Applications relating to such land described in the

Schedule as may be prescribed and such houses and other buildings and structures on that land as may be prescribed.

Liability of City

(4) The City is not liable for any damage or injury caused, or alleged to have been caused, as a result of a failure to enforce the Building Code Act, 1992 or a predecessor to that Act relating to a proceeding referred to in subsection

(2) or an application referred to in subsection (3).

Transition, leases

(1) The following leases are terminated on the date indicated:

1. The lease described in subsection 3 (5) of the Act as it reads immediately before

section 2 comes into force is terminated on the day on which

section 2 comes into force.

2. The lease described in

section 16 of the Act as it reads immediately before

section 10 comes into force is terminated on the day on which

section 10 comes into force.

Same, requests, etc.

(2) The following matters shall be deemed to be withdrawn on the date indicated:

1. A direction by an applicant under clause 7 (2) (

b) of the Act given before

section 6 comes into force shallbe deemed to be withdrawn on the day on which

section 6 comes into force.

2. A request by an owner under clause 17 (6) (

b) of the Act made before subsection 11 (1) comes into force shall be deemed to be withdrawn on the day on which subsection 11 (1) comes into force.

3. An offer by the Trust under subsection 19 (3) of the Act made before subsection 13 (1) comes into force shall be deemed to be withdrawn on the day on which subsection 13 (1) comes into force.

4. A request by an owner under subsection 22 (2) of the Act and an offer by the Trust under subsection 22 (3) of the Act made before subsection 16 (1) comes into force shall be deemed to be withdrawn on the day on which subsection 16

(1) comes into force.

Same, acceptance

(3) An offer accepted by the co-operative housing corporation under clause 19 (4) (

a) of the Act before subsection 13 (1) comes into force shall be deemed, on the day on which that subsection comes into force, not to have been

accepted.

Same, purchaser list

(4) The names on the list kept under

section 25 of the Act, as the list reads immediately before

section 18 comes into force, are deleted from the list on the day on which that

section comes into force.

Commencement

23. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

24. The

short title of this Act is the Toronto Islands Amendment Act, 1996 .

Date Bill stage Activity Committee

June 27, 1996

Royal Assent

Royal Assent received

June 17, 1996

Third Reading

Carried on division

June 12, 1996

Third Reading

Debate

May 2, 1996

Ordered for Third Reading

May 2, 1996

Reported as amended

May 2, 1996

Considered by Committee of the Whole House

May 2, 1996

Ordered referred to Committee of the Whole House

May 2, 1996

Second Reading

Carried

May 2, 1996

Second Reading

Debate

May 1, 1996

Second Reading

Debate

April 4, 1996

First Reading

Carried

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