Hello! At our most recent Council meeting Council received Repot: DS2024-64 prepared by Mr. George Vadeboncouer, Manager, Planning Special Projects.
It was approved a letter be sent under the mayor’s signature to the Provincial Standing Committee, Finance and Economic Affairs outlining the Townships Comments on the proposed legislation.
Mr. Vandeboncouer presented a thorough analysis and feedback which is captured in the attached report
During the meeting I asked Mr. Vandeboncouer if we could have more detail regarding item 1: Removing Barriers for Additional Residential Units. Specifically, a definition of full Municipal Water and Sewage Services. – Mr. Vandeboncouers response is as follows:
Bill 23, the More Homes Built Faster Act, 2022 made changes to the Planning Act to prohibit municipalities from passing zoning by-laws or official plan amendments that would prevent the development of additional residential units ” on a parcel of urban residential land”. The changes came into force upon Royal Assent on November 28, 2022.
The amendments provide that no zoning by-law or official plan amendment may be passed that would prohibit the use of:
(a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit;
(b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or
(c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units.
Bill 23 also introduced a definition for “parcel of urban residential land” as follows:
“parcel of urban residential land” means a parcel of land that is within an area of settlement on which residential use, other than ancillary residential use, is permitted by by-law and that is served by,
(a) sewage works within the meaning of the Ontario Water Resources Act that are owned by,
(i) a municipality,
(ii) a municipal service board established under the Municipal Act, 2001,
(iii) a city board established under the City of Toronto Act, 2006,
(iv) a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act, or
(v) a corporation established under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act, and
(b) a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002; (“parcelle de terrain urbain d’habitation”)
The above provisions do not include sewage system that is owned by a private corporation, or which is jointly owned with a municipality. Accordingly, the provisions allowing additional units as-of-right would not apply to areas of the Township that are serviced by a privately owned or jointly owned sewage system. (Emphasis added)
The Safe Drinking Water Act, 2002 defines “municipal drinking water system” as follows:
“Municipal drinking water system” means a drinking water system or part of a drinking water system,
(a) that is owned by a municipality or by a municipal service board established under the Municipal Act, 2001 or a city board established under the City of Toronto Act, 2006,
(b) that is owned by a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act,
(c) from which a municipality obtains or will obtain water under the terms of a contract between the municipality and the owner of the system, or
(d) that is in a prescribed class; (“réseau municipal d’eau potable”)
The additional residential unit provisions of the Planning Act would apply where a parcel of land in a settlement area is serviced by municipally owned sewage works and a municipal drinking water system as defined above, which would include a drinking water system that is privately owned but under a contract with the municipality to provide water. (Emphasis added)
Craighurst Crossing would fall under this definition, but the number of additional units would be restricted due to system capacity limitations. Managing capacity in this type of scenario is a policy issue that Township staff have added to the list of matters to review.
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