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  Clause 2 (j) of the Act is repealed and the following substituted: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.