Bill 94 2001

An Act to stop the demolition of
affordable rental housing and the
conversion of affordable rental housing
into condominiums and to protect
and preserve existing neighbourhoods

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Duty to protect affordable rental housing

1. (1) The Government of Ontario has a duty to protect affordable rental housing from demolition and conversion.

Duty to protect existing neighbourhoods

(2) The Government of Ontario has a duty to protect existing neighbourhoods.

Implementation

(3) Examples of the steps the Government of Ontario may take to perform the duties described in subsections (1) and (2) are:

1. Prohibiting demolitions of multi-unit residential housing.

2. Prohibiting conversions of multi-unit residential housing into condominium properties.

3. In co-operation with municipal governments, establishing the legislative framework to allow municipal governments to create and protect Neighbourhood Preservation Areas.

4. Eliminating from Ontario legislation and government policies all provisions that promote demolition or conversion of affordable multi-unit residential housing.

5. Reforming Ontario planning law to facilitate the restriction of development that reduces the number and availability of affordable rental housing units in the province.

6. Providing for Traditional Neighbourhood Preservation committees at the municipal level to advise municipal governments on how to create and protect Neighbourhood Preservation Areas.

7. Adapting the planning process to enhance municipal protection powers, to adequately protect Neighbourhood Preservation Areas, and to reinstate the concept of right to light as formerly protected under section 36 of The Real Property Limitations Act, being chapter 108 of the Revised Statutes of Ontario, 1877.

8. Reviewing the jurisdiction of the Ontario Municipal Board in respect to demolitions or conversions of affordable multi-unit residential housing and the protection of areas that are designated as Neighbourhood Preservation Areas.

Neighbourhood Preservation Areas

(4) The legislative framework referred to in paragraph 3 of subsection (3) shall allow each municipal government to determine the conditions an area shall meet for designation as a Neighbourhood Preservation Area, in addition to the conditions listed in subsection (5).

Conditions for Neighbourhood Preservation Areas

(5) To be designated as a Neighbourhood Preservation Area by a municipal government, an area shall meet the following conditions:

1. The area contains a significant proportion of established homes and other buildings that are 50 years old or older.

2. The area contains a significant proportion of affordable rental housing.

3. The area contains homes and other buildings of historical or architectural significance.

4. The area's physical or social infrastructure (such as parks, roads and schools) is inadequate for the existing population or for the number of type of buildings in the area.

Commencement

2. This Act shall be deemed to have come into force on June 27, 2001.

Short title

3. The short title of this Act is the Neighbourhoods and Affordable Rental Housing Protection and Preservation Act, 2001.

EXPLANATORY NOTE

The Bill provides that the Government of Ontario has a duty to protect affordable housing from demolition and conversion and to protect and preserve existing neighbourhoods by establishing Neighbourhood Preservation Areas.