Bill 30

Bill 301999

An Act to amend the Municipal Act to authorize certain municipalities to restrict the demolition of rental residential buildings

Preamble

In many larger municipalities the supply of affordable rental housing, already limited, is further reduced by the demolition of apartment buildings to be replaced by other construction. It is in the public interest to give municipal councils power to promote the retention of affordable rental housing.

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

1.Part XVII of the Municipal Act is amended by adding the following section:

Definitions

217. (1) In this section,

``related group of buildings" means buildings that are under the same ownership and on the same parcel of land as defined in section 46 of the Planning Act\; (``ensemble d'immeubles connexes")

``rental property" means a building or related group of buildings, other than a condominium, containing four or more rental units; (``bien locatif")

``rental unit" means premises used as rented residential premises, including premises that have been used as rented residential premises and are vacant. (``logement locatif")

By-law prohibiting demolition unless condition fulfilled

(2)The council of a local municipality having a population of 25,000 or more may, by by-law, prohibit the demolition of rental properties in the municipality unless one of the following conditions is fulfilled:

1.The council is satisfied that the rents that were charged for each rental unit in the rental property one year before the proposed demolition were at or above a level specified by the council.

2.All or part of the rental property is, in the opinion of the municipality's chief building official, structurally unsound.

3.The council is satisfied that the rental property will be replaced by a new rental property with rental units of a similar number, type, size and level of affordability.

4.The council is of the opinion that the demolition of the rental property will not adversely affect the supply of affordable rental housing in the municipality.

Purpose

(3)The purpose of this section is to give the councils of local municipalities having populations of 25,000 or more new powers to promote the retention of affordable rental housing.

Commencement

2.This Act comes into force on the day it receives Royal Assent.

Short title

3.The short title of this Act is the Municipal Amendment Act (Rental Housing Protection), 1999.

EXPLANATORY NOTE

The Bill amends the Municipal Act to allow the council of a local municipality with a population of 25,000 or more to adopt a by-law prohibiting the demolition of apartment buildings unless one of a list of conditions is met.