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Toronto Star
23-06-2025
- Business
- Toronto Star
With Ford's government in one corner and city officials in another, will Toronto's green homebuilding measures survive?
A battle is brewing over the fate of environmental standards that Toronto has long imposed on homebuilders, with the Ford government and developers in one corner and city officials in the other, the Star has learned. 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.'


Toronto Star
23-06-2025
- Business
- Toronto Star
With Ford's government in one corner and city officials in the other, will Toronto's green homebuilding measures survive the brewing battle?
A battle is brewing over the fate of environmental standards that Toronto has long imposed on homebuilders, with the Ford government and developers in one corner and city officials in the other, the Star has learned. 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.'


Canada Standard
29-05-2025
- Politics
- Canada Standard
Ontario Legislation Could Override Local Green Standards, Stall Climate Progress
A new Ontario bill could set back green building efforts and mark "the beginning of the end of urban planning" in the province, gutting city-led climate policies as extreme weather risks are rising, warn critics. Bill 17, the proposed Protect Ontario by Building Faster and Smarter Act, would override bylaws like Toronto's Green Standard by "clarifying" that municipalities do not have jurisdiction to set green construction standards. Climate advocates say the measure would stall progress on municipal climate goals while burdening homeowners with higher energy and retrofit costs down the line. The Doug Ford government says the bill will bring regulatory consistency across Ontario, speed up construction, and reduce housing costs. But the provincial building code lacks many of the green features cities like Toronto require, writes The Canadian Press. The Toronto Green Standard, for example, mandates stormwater retention features to reduce flood risk during heavy rainfall, minimum tree canopy coverage to combat extreme heat, and electric vehicle charging infrastructure in new residential parking spaces. The Ford government eliminated that last requirement from its own code shortly after coming to power. The bill follows a legal challenge filed last year by the Residential Construction Council of Ontario-an association of builders-to block Toronto from enforcing standards beyond those set out in the Ontario Building Code. The council was incensed by Toronto's green standards, which aim to improve air quality, transportation, energy usage, water efficiency, and waste diversion with a checklist of requirements for developers of new buildings, reports The Trillium. "These include everything from bicycle parking and pedestrian walkways to energy efficiency targets, trash compaction guidelines, and tree-planting quotas." View our latest digests Bill 17 will gut green building standards implemented in several other cities across Ontario, warn environmental advocates. The bill as it is now written will "set back green building efforts by 15 years," said Bryan Purcell, vice-president of policy and programs at The Atmospheric Fund (TAF), citing the period of time the Toronto Green Standard has been in place. "As buildings are the largest source of carbon emissions in most cities, it would make it impossible for cities to reach their climate targets," Purcell told The Energy Mix . The bill could lock nearly all new buildings into using gas as a primary fuel source, which would saddle home and building owners with higher energy costs while undercutting the economics of green building technology and services. "And it would create huge costs down the road, as retrofitting buildings to get off gas or enable electric vehicle charging is five to 10 times more expensive than building it right to begin with," he added. Other environmental organizations have also warned against the bill. In one recent post, the Toronto Environmental Alliance said the legislation would completely undermine municipal planning authority, leaving cities with few tools to adapt regulations to local conditions. Environmental Defence says the bill claims to address construction challenges, but focuses on "scapegoating municipal policies" instead of fixing the root issues-namely, provincial restrictions against mid-rise developments, which have caused a shortage of family-sized homes. "McMansion" rebuilds and sprawl are further problems, it adds. The Ontario government says its action to block municipal building bylaws is only a "clarification" to existing legislation-in particular, Section 8 of the Building Code Act , the legal foundation of the province's building code-which regulates how building permits are issued. But TAF argues that a city has the right to set green building standards unless they conflict with provincial rules. Purcell points to section 35(1), which he says "is generally interpreted to mean that if a building code requirement actively conflicts with a municipal bylaw, then the building code requirement takes precedence." That section authorizes local municipalities to pass bylaws "respecting the protection or conservation of the environment" in accordance with the provincial codes. A later subsection even specifies that 35(1) gives municipalities power to require green roofs on buildings, but does not address other green standards. By not stating the specific role of municipalities in setting building codes, the Building Code Act creates a grey area that could be interpreted to align with Purcell's reading. But it could also support the government's interpretation. Section 8 states that a building official must issue a permit for a building that meets the requirements of the Building Code Act except in a few prescribed circumstances. The list of exceptions does not include a carve-out for buildings that fail to meet municipal requirements. Municipalities are also considered "creatures of the provinces," and have "no constitutional protection whatsoever against provincial laws that change their structures, functions, and financial resources without their consent," writes the Centre for Excellence on the Canadian Federation. The wider concern is that Bill 17 will amount to a dramatic shift in authority for cities, and not just to manage their building regulations and address climate change. Purcell warns that Bill 17 would "be the beginning of the end of urban planning in Ontario" by instigating legal challenges to existing bylaws across the province, beyond the green building standards. "It could create a wild west type of development environment, where anything can be built anywhere and consultants working for developers approve their own submissions." Source: The Energy Mix


Hamilton Spectator
13-05-2025
- Business
- Hamilton Spectator
Why the Ford government's housing changes could doom a big part of Toronto's green plans
The Ford government's latest bid to jump-start housing construction appears to threaten Toronto's 15-year-old 'green standard,' which limits the greenhouse gas emissions new buildings can emit and ensures those homes are resilient to flash flooding and other consequences of climate change. Multi-pronged legislation announced Monday by Rob Flack, the minister of municipal affairs and housing, would prevent municipalities from adding any construction requirements that differ from the provincial building code, or ordering further studies in relation to new developments. Barring any exceptions or changes, that would gut 'Toronto's Green Standard' requirements for energy efficiency and environmental design — the outcome sought by a lobby group for homebuilders in a court action launched against the city late last year. Killing the green standard would also likely doom Toronto's plan to become carbon-neutral by 2040 because many of the actions, for which the city is already behind schedule, focus on buildings which produce more than half of the city's greenhouse gas emissions. The Residential Construction Council of Ontario, which endorsed Premier Doug Ford in February's provincial election , has argued the city doesn't have jurisdiction to exceed Ontario's building code with extra requirements including emission maximums and wiring to service electric vehicles in low- and high-rise buildings. In a statement, RESCON president Richard Lyall said Flack's announcement 'aligns with many of the priorities identified by RESCON over the past two years,' but did not mention the green standard. Council staff said Lyall was unavailable for comment and did not answer written questions, including whether RESCON will continue the legal challenge. City of Toronto staff and Mayor Olivia Chow's office said Monday they could not comment until after closely studying the proposed law. Losing the green standard would be a disaster for the environment and for Torontonians who buy homes, said Sarah Buchanan, campaigns director at the Toronto Environmental Alliance. 'It would weaken stormwater standards for building which make us safe from flooding, stop requiring that buildings can handle EVs, end rules to make sure condos have a place to separate recycling … and without it there's really no way that Toronto can fight climate change — more than half of emissions come from buildings,' Buchanan said. People buying new homes wouldn't be told they are made to lower standards and over the years would pay more for heating and cooling and potentially flood damage, she said, adding that axing Toronto's more stringent rules would 'make more money for developers but stick homeowners with the bill.' Toronto's 'green standard' was introduced in 2006 as voluntary, environmentally friendly building guidelines. Mandatory requirements were added in four updates between 2010 and 2022, along with financial incentives for builders who take extra steps, some of which eventually became compulsory. Requirements include builders wiring all new residential parking spots, and one-quarter of new non-residential spots, for EV charging. The Ford government removed charging station provisions from the provincial building code in 2019. The province's news release included statements of support for the proposed law from several Ontario mayors, including Burlington's Marianne Meed Ward, who chairs an association of Ontario big city mayors. Meed Ward told the Star many initiatives in the legislation should get more housing built to alleviate the affordability crisis but that she was not briefed on the requirement that municipalities not impose requirements beyond the Ontario building code. 'What this means for Toronto, I don't know,' she said, adding that her city has the power to only advise, not compel, developers to adopt green standards. 'I guess encouraging or incentivizing environmental home construction is important to standardize — a patchwork of what is acceptable isn't good for the climate.'