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Hamilton Spectator

Will Hamilton's green building standards die on the vine with new Ontario legislation?

Hamilton is examining how newly introduced provincial legislation meant to expedite residential construction in Ontario will affect the city's ability to move ahead with green building standards. This past fall, council adopted a series of carbon-cutting guidelines — some mandatory and others optional — covering a range of considerations, from building-energy efficiency to water conservation and bird-friendly windows. But city politicians recently delayed implementation of the standards in response to development industry concerns they could add to construction costs during a severe market downturn. City staff, tasked to report back with a cost analysis, must now also weigh the potential impact of Bill 17, the Protect Ontario by Building Faster and Smarter Act . 'The devil's in the details,' Steve Robichaud, acting general manager of planning and economic development, told The Spectator, noting regulations flowing from the proposed legislation must be examined. But the legislation appears to take aim at mandatory guidelines that deal with building construction while steering clear of other elements, including voluntary measures. Overall, Bill 17 aims to limit studies municipalities require for projects, expedite some minor variances and standardize fees that cities charge to pay for infrastructure like water lines, pumping stations, roads and recreation centres. Overall, Bill 17 aims to limit studies municipalities require for projects, expedite some minor variances and standardize fees that cities charge to pay for infrastructure like water lines, pumping stations, roads and recreation centres. It would also allow municipalities to more nimbly offer breaks on development charges and enable builders to hold off on paying them until projects are occupied, rather than when permits are issued. The Progressive Conservatives introduced the suite of proposed measures this week after falling behind annual targets to have 1.5 million homes built in Ontario by 2031. 'To be frank, it takes too long and it costs too much to build houses in Ontario,' Rob Flack, municipal affairs and housing minister, said during a recent news conference about Bill 17. Particular to green building standards, the legislation would 'clarify' that municipalities 'do not have the authority to require their own unique standards beyond' the Ontario Building Code, a technical briefing notes. That provision is to help 'provide consistency, reduce costs and increase uniformity of technical standards for builders.' While mandatory green building standards that relate to construction appear off the table under Bill 17, Robichaud suggested other elements such as stormwater management, landscaping and whether projects are in walkable locations, wouldn't be affected. What's not clear is whether the city could require certain standards as conditions for site-plan or subdivision approvals, if the legislation bars bylaws imposing such requirements, he noted. And if some standards can no longer be mandatory, they could become 'voluntary through an incentive program' that encourages builders to meet them. Meanwhile, Bill 17 has won praise from some municipal leaders alongside the development industry amid a significant market slowdown aggravated by U.S. tariffs. 'Across Canada, our provincial and national governments are focused on harmonization to break down trade and supply chain barriers,' Mike Collins-Williams , CEO of the local West End Home Builders' Association, said via email. Bill 17 'shows strong provincial leadership to reduce the number of municipal planning studies and to standardize building and planning regulations for one Ontario Building Code,' he wrote. 'Standardized approaches across all municipalities will help us get shovels in the ground to protect jobs and build desperately needed housing.' But environmental groups warm the proposed legislation could in fact lead to higher energy costs for Ontario residents down the road. 'Municipal 'green' standards do not duplicate or conflict with the Ontario Building Code; they complement it and consolidate municipal design priorities into a single streamlined document,' Bryan Purcell, vice-president of policy and programs with the Atmospheric Fund, wrote in a statement. 'Municipalities have a legislated responsibility to protect public health and environmental well-being. Restricting their ability to exercise those duties will not protect Ontario or build housing faster. It will only reduce the quality of new housing and communities and expose Ontarian residents to greater environmental risks.' The proposed Protect Ontario by Building Faster and Smarter Act is subject to public feedback through the Environmental Registry of Ontario until June 11.