Planning Amendment Act (Enabling Municipalities to Require Inclusionary Housing), 2009 DiNovo, Cheri — Bill 198 (39th Parliament, 1st Session)

Bill 198, 39-1

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Bill 198, Planning Amendment Act (Enabling Municipalities to Require Inclusionary Housing), 2009

DiNovo, Cheri

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[39] Bill 198 Original (PDF)

Bill 198 2009

An Act to amend

the Planning Act with respect to inclusionary housing

Note:

This Act amends the Planning Act. For the legislative history of the Act, see

the Table of Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

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

definitions:

"affordable" has the same meaning as

in the Provincial Policy Statement published by the Ministry of Municipal

Affairs and Housing and which is available from the Ministry of Municipal

Affairs and Housing; (" abordable ")

"inclusionary housing" means the

provision of housing that is affordable to low and moderate income households

in accordance with a by-law made under

section 37.1 of this Act; (" inclusion de logements abordables ")

"low and moderate income households"

has the same meaning as in the Provincial Policy Statement published by the

Ministry of Municipal Affairs and Housing and which is available from the

Ministry of Municipal Affairs and Housing; (" ménages à revenu faible et modéré ")

"new housing development" means a

new housing development of 20 or more units; (" nouvel ensemble domiciliaire ")

2. Clause 2 (

j) of

the Act is repealed and the following substituted:

(

j) the adequate provision of a full range of

housing, including housing that is affordable to low and moderate income

households;

3. Subsection 34 (1)

of the Act is amended by adding the following paragraph:

Inclusionary housing

4.1 For requiring inclusionary

housing in the municipality and, more specifically, for regulating the required

percentage of affordable housing units in all new housing developments in the

municipality.

4. 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, require

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

the municipality be affordable to low and moderate income households.

By-law applies to all developments

(2) 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

(3) Where a municipality has passed a by-law described in

subsection (1), the municipality is not required to provide any financial

assistance or other incentives to developers.

Condition

(4) A by-law shall not contain the provisions mentioned in

subsection (1) unless there is an official plan in effect in the local

municipality that contains provisions relating to inclusionary housing

requirements.

Agreements

(5) Where a municipality has passed a by-law described in

subsection (1), the municipality may require a developer to enter into one or

more agreements with the municipality dealing with the affordable housing requirements.

Agreement re: affordability

(6) Without restricting the generality of subsection (5),

an agreement entered into under that subsection may require that the

affordability of units be maintained and may restrict the purchase and sale of

units to eligible persons as determined in accordance with the regulations.

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 governing municipalities that pass by-laws described in subsection

(1) and dealing with the following matters:

1. The number of bedrooms in

the affordable units in new housing developments.

2. The size of affordable units

in new housing developments.

3. The timing of the

construction of the affordable units in new housing developments.

4. The location and

distribution of the affordable units within new housing developments.

5. The design and construction

standards required for the affordable units in new housing developments.

6. The eligibility requirements

for ownership and occupancy of affordable units in new housing developments.

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 for the

provision of inclusionary housing.

5. 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 be affordable to low and

moderate income households; and

Commencement

6. This Act comes into force six months after

the day it receives Royal Assent.

Short title

7. The

short title of this Act is the Planning Amendment Act (Enabling

Municipalities to Require Inclusionary Housing), 2009 .

EXPLANATORY NOTE

The

Planning Act is

amended to include the adequate provision of a full range of housing, including

housing that is affordable to low and moderate income households, as a matter

of provincial interest.

Section

34 of the Act is amended to allow the councils of local municipalities to pass

zoning by-laws requiring inclusionary housing in the municipality and

regulating the required percentage of affordable housing units in new housing

developments in the municipality.

The

new

section 37.1 of the Act allows municipalities to pass by-laws requiring

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

the municipality to be affordable to low and moderate income households.

Section

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

condition to the approval of a plan of subdivision a requirement that a

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

subdivision be affordable to low and moderate income households.

Date Bill stage Activity Committee

September 24, 2009

Ordered referred to Standing Committee

Standing Committee on General Government

September 24, 2009

Second Reading

Carried

September 24, 2009

Second Reading

Debate

June 4, 2009

First Reading

Carried

Debates and Progress

First Reading

June 4, 2009

Committee

Second Reading

September 24, 2009

Ms. Cheri DiNovo, Mr. Lou Rinaldi, Mr. Norm Miller, Mr. Michael Prue, Mr. Khalil Ramal, Mr. Ernie Hardeman

September 24, 2009

Declared carried. Referred to the Standing Committee on General Government.

Committee

Standing Committee on General Government

Third Reading

Royal Assent :

Coming into force :

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

Acts affected - Bill 198

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Planning Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 198, 39-1
Type	bill
Volume / chapter	p39 s1 bill 198 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c56a46612e207744b1f254ad720581c00c52d7a1

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