An updated Provincial Planning Statement (PPS) going into effect in Ontario has many long-overdue and important revisions to help the province reach its goal of building 1.5 million homes by 2031.
For the most part, it is a blueprint that will build upon earlier housing-supportive policies and consolidate them into a single land-use policy document. The framework will give municipalities more flexibility and tools to encourage homebuilding so they can hit their targets.
The new policy comes into effect Oct. 20 and replaces the Provincial Policy Statement, 2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe. Moving forward from that date, all municipal land-use planning decisions will need to be consistent with the new policy.
Landowners and developers who are intending to build new housing, now or in the future, should be aware of these changes and how they may impact their applications moving forward.
Measures should help
The government is to be commended for putting forward this policy as it includes measures to support construction of more housing by streamlining planning regulations and approvals processes, improving land availability for development, and building much-needed infrastructure.
The primary focus is on supporting development and increasing the housing supply across the province. The statement also requires municipalities to set minimum affordable housing targets.
We are presently facing the most severe housing crisis in memory. Policies that support construction of new housing must be the focus of all new legislative and regulatory reform measures. Policies or directives that impede new housing construction should not be considered.
A prosperous Ontario depends on people living and working in this province. We must have a supply and mix of housing options that respond to demand and our diverse and growing population.
The new planning statement supports this approach, and the actions proposed in the policy will go a long way toward promoting positive outcomes.
Rules must be clearer
However, the fact remains there are other issues which must still be addressed.
We are concerned with provisions that appear to delegate responsibility to municipal planning authorities to reduce greenhouse gas emissions and prepare for the impacts of climate change.
Let me explain.
A section of the new statement notes that planning authorities shall plan to reduce greenhouse gas emissions and prepare for the impacts of a changing climate. This appears to delegate that responsibility to municipalities. The statement goes on to say that the municipal authorities can incorporate climate change considerations in planning for and the development of infrastructure, including stormwater management systems and public service facilities.
Here’s the problem.
Municipalities presently have authority to regulate land-use planning and policy objectives within their communities, but they don’t have the right to regulate the manner or standards of building design and construction. That responsibility falls under the Ontario Building Code (OBC).
The OBC governs technical requirements and standards for building construction and is critical as the rules are uniform and have been properly vetted to ensure building practices are safe.
The OBC is the law of the land, not the rules imposed by individual municipalities. The building code supersedes all municipal bylaws respecting the construction or demolition of buildings. We don’t need municipalities going off and creating their own independent and separate standards. It only will lead to confusion and regulatory conflict, which will impede building.
For example, more than 30 southern Ontario municipalities have enacted their own green development requirements, and they are unlawfully being applied during the planning approval process. This only slows the delivery of new housing and hampers housing affordability.
Builders need clarity
This conflict must be resolved as it only blurs responsibility and oversight. Specifically, the planning statement needs to explicitly state that municipal planning authorities and councils are excluded from passing separate standards that conflict with the provincial building code.
Allowing municipalities to do their own thing only impedes construction of new housing. We need clarity here. Builders and developers need consistency and absolute certainty that the OBC is the law of the land. Municipalities must not be allowed to muddy the waters. The PPS needs to explicitly state that municipalities should refrain from taking action that is in excess of current legislation.
Having green building standards that vary from municipality to municipality won’t lead to the desired result of more housing. It will only complicate matters and result in fewer homes being built.
This is an important and ongoing issue for the residential construction industry. Allowing municipalities to go off script and develop their own guidelines is a recipe for disaster.
Richard Lyall is president of the Residential Construction Council of Ontario (RESCON). He has represented the building industry in Ontario since 1991. Contact him at media@rescon.com.