The Ford government is seeking to enact a “Minister’s regulation-making authority” to give ministers the ability to regulate bylaws related to the demolition and conversion of residential rental properties. Currently, rental replacement bylaws vary among municipalities and include requirements around number, size, type, and cost of rental units, as well as right of first refusal for existing tenants. Amended legislation under s.99.1 of the Municipal Act, 2001 (MA) and s.111 of City of Toronto Act, 2006 (COTA) would “bring consistency” and “streamline the construction and revitalization of new housing supply,” the government says.
“Legislative amendments to the above Acts are intended to streamline processes and speed up construction; they will not impact renter protections or requirements under the Residential Tenancies Act (RTA),” states the proposal. “Tenants who must vacate a unit for extensive renovations will retain all existing rights to return to the unit at the same rent and terms as though there were no interruption to the tenancy, and landlords would maintain the same obligations to inform tenants of this right and provide compensation to tenants as required by existing legislation.”
The proposal also points out that under the RTA, it remains an offence to evict a tenant so that major repairs or renovations can be made to the rental unit without compensating the tenant or offering them another acceptable place to live. Failure to offer a tenant the right of first refusal after major repairs or renovations or when the building is changed to a condominium also remains an offence.
The Ministry of Municipal Affairs and Housing is also considering new regulations under this proposed authority to standardize rules and requirements municipalities may include in their bylaws (e.g., those that may be negatively impacting housing construction or renter protections).
To inform the content of these potential regulations, the Ford government is seeking input in the following areas:
1. What types of requirements should municipalities be able to set around residential rental demolition and conversion?
2. What types of requirements should municipalities not be able to set (e.g., are there requirements that pose a barrier to creating new or renewed housing supply or limit access to housing)?
3. What impact do you think municipal rental replacement bylaws might have on the supply and construction of new housing?
4. What impact do you think municipal rental replacement bylaws might have on renter protections and access to housing?
If approved, the Minister’s regulation-making authority to standardize municipal rental replacement bylaws could directly affect municipalities that currently choose to have rental replacement bylaws. Work is currently underway to analyze possible administrative and other costs to impacted municipalities.
To join the conversation, visit Seeking Feedback on Municipal Rental Replacement By-Laws (ontariocanada.com).
