Request to rescind the provincial regulation overriding Toronto’s Construction Noise By-law

This correspondence is provided to indicate our strong support for Councillor Wong-Tam’s Motion that “City Council request the Province of Ontario to immediately rescind Ontario Regulation 130/20”. Limitation 2 to Ontario Regulation 130/20, enacted April 7, 2020, does not allow the City to regulate or prohibit noise in connection with construction. The Regulation overrides the City of Toronto’s municipal noise by-law through to October 7, 2021, to the detriment of residents.

FoNTRA wrote to the Premier on April 19 to request that this measure (as well as making residential construction an essential service, opening a significant risk of COVID-19 infection to workers) be reversed. Excessive noise is a health hazard that impacts the physical and mental health, and quality of life of residents.

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Proposed Regulatory Matters Pertaining to Community Benefits Authority under the Provincial Acts

Hon. Stephen ClarkMinistry of Municipal Affairs and Housing 17th Floor, 777 Bay St.Toronto, ON, M5G 2E5 RE: ERO Number 019-1406: Proposed regulatory matters pertaining to community benefits authority under the Planning Act, the Development Charges Act, and the Building Code Act Dear Minister Clark, This is to provide a response that can only be consideredas …

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Residential Construction as an Essential Workplace and Override of City Noise By-Law

We appreciate that these are difficult times and that serious actions are required by your government to protect public health and safety. However we were taken by surprise with two recent actions regarding construction activity that your government has taken, despite the extensive restrictions affecting many other sectors to reduce the impact and the spread of the COVID 19:

  • To declare residential construction sites as essential services, and therefore to remain open as workplaces, and
  • To override the City of Toronto and its municipal noise by-law from April, 7, 2020 to October 7, 2021 (Ontario regulation 130/20).

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Proposed regulations pertaining to the community benefits authority

We are very concerned that the new tools proposed under the Community Benefits Charge Authority (CBCA) will not be adequate to provide for both hard infrastructure and the community facilities and parkland that will be needed to support complete communities and make new development liveable for people and families.

The Minister has stated that the new regulations should not result in municipalities having to make up any cost shortfalls. However, until the regulations are fully developed, it is not possible to assess the full impact of the changes to the Development Charges Act or the adequacy of the Community Benefits Charge Authority, and to verify the statement that the proposed regulation changes will be revenue neutral.

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development

Amendment 1 to the Growth Plan for the Greater Golden Horseshoe

According to the government, the “proposed changes address implementation challenges with the Plan that were identified by the municipal and development sectors and other stakeholders” and “are intended to provide greater flexibility and address barriers to building homes, creating jobs, attracting investments and putting in place the right infrastructure while protecting the environment.” We note for the record that FoNTRA, as one of the most significant stakeholder organization in the Province representing the interests of residents, had not been consulted.

The stated purpose of the proposed changes is “to quickly address identified implementation challenges with the Plan and to not unfairly disrupt housing and other developments currently underway,” so as “to unlock land faster for residential and commercial development and support more jobs and housing.” This seems to suggest that there is a shortage of land available for development and may explain the proposed deletion of existing language describing one of the Growth Plan’s key underlying concepts: “There is a large sup- ply of land already designated for future urban development in the GGH. In some communities, there may be more land designated for development than is required to accommodate forecasted growth to the horizon of this Plan.” Is there a shortage or a large supply of land designated for future development?

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Inclusionary Zoning

This is to express our strong support for the Planning and Growth Management Committee’s recommendation to City Council (which endorsed the staff report recommendation) to request the Province to amend the proposed inclusionary zoning regulations, and to consult further with municipalities and stakeholders on an appropriate and flexible implementation framework for inclusionary zoning, prior to proclaiming the regulation.

The Province’s proposed rules would

  • Restrict municipalities from requiring more than 5% of new units to be affordable (or 10% if they are in a Major Transit Station Area);
  • Prevent municipalities from requiring developers to build affordable units if the new development is a rental building;
  • Require the municipality to contribute 40% of the cost of making the units affordable. These rules would mean that, despite municipalities being given new powers, virtually no affordable housing would be built.

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