With Ford's government in one corner and city officials in the other, will Toronto's green homebuilding measures survive the brewing battle?
The fight includes a stern warning from the province to the city, and harsh words on both sides. City councillors are calling Premier Doug Ford's government 'inept' at drafting housing legislation. A developer's lobby group is blasting city hall as 'arrogant' and suffering from 'utter obliviousness' about the housing market.
Ford's latest legislation aimed at boosting meagre housing builds in Ontario was introduced last month as Bill 17 and quickly passed in the legislature as Protect Ontario by Building Faster and Smarter Act.
The multi-pronged law includes a provision that municipalities cannot impose on developers requirements that exceed Ontario's building code, echoing a demand from developers who are suing the City of Toronto in a bid to kill its 'Green Standard' environment regulations.
The Residential Construction Council of Ontario (RESCON) cheered the apparent legislated death of requirements introduced in 2010 to ensure new buildings are low-emission and resistant to climate-change impacts such as flooding. Such municipal requirements increase projects' cost and complexity, exacerbating the affordable housing crisis, RESCON said.
However, 'City staff have reviewed (the new law) and determined that there is no impact to the City's ability to continue to apply the (green standard) to new development,' stated a report to Mayor Olivia Chow's executive committee that met June 17.
Requirements include bicycle parking at new multi-unit residential buildings, limits on hard surfaces to minimize stormwater runoff, highrise design that allows tenants to recycle rather than put everything in trash, and window glazing on a share of lower-floor windows to minimize strikes that kill birds.
City staff also said the new law's restrictions on development charges — fees levied on builders to pay for sewers, roads and other infrastructure to service each project's new residents — will cost Toronto taxpayers at least $1.9 billion over the next decade.
At the meeting, Coun. Gord Perks, council's housing chair, said the law fails its name because it will not protect Ontarians or build homes faster or smarter.
Coun. Mike Colle, a former Liberal MPP and one of Chow's ceremonial deputy mayors, blasted the law as the latest in a series of Ford housing bills, each producing fewer and fewer new homes. The number of Ontario housing starts between January and April was the lowest since 2009.
'You can't build housing with stupid legislation — they don't know what they're doing,' Colle said, before taking direct aim at Rob Flack, the Progressive Conservative MPP who became minister of Municipal Affairs and Housing last March.
'Now they've got some new minister of municipal affairs who used to sell farm equipment — he's in charge of building,' homes, Colle said to gasps and laughs from his executive committee colleagues.
Flack's online biography says the Elgin-Middlesex-London MPP is a former chief executive of Masterfeeds, a farm animal feed company. His office, which declined to respond to Colle, says the minister also remains a proud farmer.
Chow, who has boasted of her good working relationship with Ford and his government, did not join the insults, instead focusing on the predicted $1.9 billion loss in development charge revenue. She urged the province to announce how they will make the city 'whole.'
Richard Lyall, RESCON president, issued a scathing rebuttal, calling city staff's determination that the green standard can continue 'hallucinatory' and 'a display of utter obliviousness.' Colle's comments, he said, were 'childish' and 'disturbing' while committee recommendations to Ford would 'reverse virtually every meaningful provision of the legislation.'
Flack's deputy minister, Martha Greenberg, then weighed in, sending city manager Paul Johnson a June 19 'clarification,' obtained by the Star, that attempts to set the record straight on the fate of Toronto's green standard.
'Municipalities cannot use provisions in the Municipal Act, City of Toronto Act, and Planning Act, including site plan control, to create and require construction or demolition standards for buildings,' including environmental requirements, she wrote.
Greenberg added that the ministry 'has been directed to monitor outcomes to ensure actions are not taken to bypass this.' If necessary, the government will take 'additional legislative action to ensure municipalities are adhering to the provincial framework and reducing red tape in this space.'
Asked to explain the city's position, a spokesperson said the green standard 'is not a bylaw enacted under Sections 7 or 8 of the City of Toronto Act, which Bill 17 referenced. As such, staff's review of Bill 17 did not find any impact on the City's ability to implement the (green standard) as part of the development review process.'
Perks, the housing chair, said that as far as he's concerned, the green standard lives — unless city council says otherwise.
'Once again the province is showing they don't know how to write a law, they're a bit inept at it, and that's why they have had to rewrite planning legislation every six months since Doug became premier ...' said the Parkdale—High Park councillor.
'The province keeps insisting that they can pass a law that makes private market housing more viable, and they keep failing at that. In the meantime, city staff have given us clear advice that the current legislation does not remove our ability to have a green standard.'
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