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Electronic Council Communications Information
Package
Date: December 22, 2022
Time: 3:30 PM
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Electronic Council Communications Information Package December 22, 2022
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Pages
Region of Durham Correspondence
1.1 2021 Census of Population — Citizenship and Immigration, Ethnocultural 3
and Religious Composition, Mobility and Migration - December 16, 2022
1.2 Durham Region's Response to the Provincial Consultation on Proposed 21
Amendments to the Greenbelt Plan, ERO Postings - December 21, 2022
1.3 Implications of Bill 23 on the Region of Durham - December 21, 2022 35
1.4 Resolution regarding the Expansion of a Slow Down Move Over 51
Requirement to All Roadside Workers - December 21, 2022
1.5 Resolution regarding the Need for an Administrative Penalties Regulation 53
under the Resource Recovery and Circular Economy Act - December 21,
2022
1.6 2023 Interim Regional Property Tax Levy - December 22, 2022 55
Durham Municipalities Correspondence
Other Municipalities Correspondence
3.1 Municipality of Tweed - Natural Gas Resolution - December 16, 2022 62
Provincial / Federal Government and their Agency Correspondence
4.1 Minister Steve Clark - Greenbelt Amendments and Revocation of the 63
Central Pickering Development Plan and O. Reg. 154/03 - December 16,
2022
Miscellaneous Correspondence
5.1 Minutes of the Ganaraska Region Conservation Authority dated 65
November 17, 2022
5.2 Kawartha Conservation - Transition Plan: Progress Report 3 69
Page 2
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564
The Regional Municipality of Durham
Information Report
From: Commissioner of Planning and Economic Development
Report: #2022-INFO-102
Date: December 16, 2022
Subject:
2021 Census of Population — Citizenship and Immigration, Ethnocultural and Religious
Composition, Mobility and Migration (Release 6), File: D01-03
Recommendation:
Receive for information
Report:
1. Purpose
1.1 This report presents an overview of Statistics Canada's sixth release of the 2021
Census of Population data, highlighting Durham Region's statistics on citizenship
and immigration, ethnocultural and religious composition, as well as mobility and
migration. Attachment 1 summarizes key statistics in Durham Region, the Greater
Toronto and Hamilton Area (GTHA), Ontario, and Canada. The Census is
conducted in Canada every five years.
2. Background
2.1 On October 26t", 2022, Statistics Canada released the sixth dataset in a series of
2021 Census of Population statistics for municipalities across Canada. This release
focused on three specific topic areas:
• Citizenship and immigration, including citizenship and immigrant status, period
of immigration, age at immigration, place of birth, generation status; and
admission category;
Page 3
Paae 2 of 8
• Ethnocultural and religious composition, including visible minority, ethnic or
cultural origin, and religion; and
• Mobility and migration, including internal, intraprovincial, interprovincial, and
external migration.
3. Previous Reports and Decisions
3.1 2022-INFO-98 — 2021 Census of Population — Indigenous Peoples and Housing
Portrait (Release 5)
3.2 2022-INFO-80 — 2021 Census of Population — Language (Release 4)
3.3 2022-INFO-79 — 2021 Census of Population — Families, Households, Marital Status,
and Income (Release 3)
3.4 2022-INFO-77 — 2021 Census of Population — Age, Gender, and Dwelling Type
(Release 2)
3.5 2022-INFO-31 — 2021 Census of Population — Population and Dwelling Counts
(Release 1)
4. Citizenship and Immigration
4.1 The data on citizenship and immigration include: citizenship status, immigrant
status, period of immigration, age at immigration, selected places of birth for the
immigrant population, generation status, admission category and applicant type, and
pre -admission experience.
4.2 In 2021, approximately 94% of
Durham's population were
Canadian Citizens. The
remaining 6% included
individuals with a usual place of
residence in Canada, but did
not hold a Canadian citizenship,
such as permanent and non-
permanent residents, individuals
with work or student permits,
those claiming refugee status,
or had obtained a special
temporary residents' permit.
Figure 1 1 Immigrant population in Durham as a
precentage of the total population, 2001-2021
30%
28%
26%
v
v
24%
U
v
a
22%
20%
r
18°%
2001
Page 4
2006 2011 2016 2021
Paae 3 of 8
4.3 Immigrants (including non -permanent residents') comprised approximately 28% of
Durham's population in 2021 (192,600 people). The 2021 figure represented a
further increase from the figures reported in 2016 (24%), 2011 (21 %), 2006 (21 %),
and 2001 (19%). Figure 1 highlights the percentage growth in the immigrant
population in Durham since 2001.
4.4 The 2021 Census reveals that Ajax was the municipality most chosen for
immigrants to settle, accommodating 28% of Durham's total immigrants (or 53,955
people), followed by 21.3% (41,115 people) in Oshawa, and 20.2% (38,865 people)
settling in Whitby, (see Figure 2). Approximately 96.8% of Durham's total immigrant
population lives in the southern area municipalities.
Figure 2 1 Breakdown of immigrant population in Durham
Whitb
20.2°/
Uxbridge
1.5%
scugog
1.2%
Pickering
19.1%
Ajax
28.0%
Oshawa
21.3%
Brock
0.5%
Clarington
8.2%
4.5 When comparing the individual population of each area municipality in Durham, Ajax
had the highest percentage of immigrants (42.7%), followed by Pickering (37.3%),
and Whitby (28.4%), while Brock had the lowest (8.2%).
4.6 In comparison to other GTHA Regions, Durham had the lowest percentage of
immigrants in the GTHA, while Peel had the highest (56.5%), followed by Toronto
(51.8%), York (50%), Halton (35.7%), and Hamilton (28.2%), as illustrated in Figure
3.
' For the purposes of this report, references to the term "immigrant" refer to Census data on immigrants, as
well as non -permanent residents. According to Statistics Canada, an "immigrant" refers to a person who is
or has been a landed immigrant or permanent resident; and a non -permanent resident refers to a person
from another country with a usual place of residence in Canada and who has a work or study permit or who
has claimed refugee status (asylum claimant).
Page 5
Figure 3 1 Percentage of immigrants by Region
56.5%
51.8% 50.0%
Paae 4 of 8
35.7%
27.9% � 28.2%
Durham Halton Peel Toronto York Hamilton
4.7 Approximately 47% of Durham's immigrants arrived in Canada under the
"economic" admission category, which applies to those with potential to meet labour
market needs, or create economic opportunities by owning, operating, or investing
in a business. This includes immigrants coming in through various federal and/or
provincial programs2. Another 35% were sponsored by family, 16% were refugees,
and 1.5% identified as having other admission categories.
4.8 A total of 19,675 recent immigrants settled in Durham between 2016 and 2021,
representing 2.8% of the Region's total population. The majority of recent
immigrants moved from countries within Asia (70.1 %), followed by: the Americas
(15.2%); Africa (9.1 %); Europe (5.2%); and Oceania (0.4%). Notably, a majority of
Durham's recent immigrants were from India (33.9%). The breakdown of recent
immigrants in the GTHA are illustrated in Figure 4.
Figure 4 1 Breakdown of the recent immigrant population in the GTHA
York
12.F°'
Toronto
46.4%
Hamilton Durham
4.7% 4.6% Halton
7.4%
Peel
24.4%
2 Permanent resident program: Economic classes (Statistics Canada)
Page 6
Paae 5 of 8
5. Ethnocultural and Religious Composition
5.1 The data on ethnocultural and religious composition includes information on visible
minorities3, ethnic or cultural origin, and religion.
In 2021, visible minorities comprised 36.3% of Durham's population, representing
an increase from 2016 (27.1 %), 2011 (20.7%), 2006 (16.8%) and 2001 (12.4%).
The largest groups of visible minorities include: South Asian (13.4%), Black (9.6%),
Filipino (2.9%) and Chinese (2.4%). The breakdown of visible minorities is
illustrated in Figure 5.
Figure 5 1 Census breakdown of visible minorities in Durham
Other Multiple visible
4.3% minorities
Japanese 5.1 % South Asian
0
0.5 /o \ 36.7%
Korean
West Asian 0.8%
4.4% ���
Southeast Asian _
1.3%
Latin American
3.2%
Arab
2.9%
Filipino
8.0%
Black
26.3%
Chinese
6.5%
5.2 In Durham, visible minorities represent a higher percentage of its respective
populations than Ontario (34.3%) and Canada (26.5%), but lower than the GTHA
(52.3%). Within the GTHA, the majority of Peel's population (68.8%) identified being
a visible minority, followed by Toronto (55.7%), York (55%), Halton (35.5%), and
Hamilton (25.1 %).
5.3 In 2021, the majority of Durham's population reported having ethnic origins of
European (96.4%) and North American (27.7%) descents. Other notable ethnic
origin groups in the Region included Asian (29.2%) and South American (7.6%).4
3 Statistics Canada refers to "visible minorities" as "persons, other than Aboriginal peoples, who are non -
Caucasian in race or non -white in colour", as defined by the Employment Equity Act.
4 Census respondents have the ability to select multiple ethnic origins. As such, the cumulative total
percentages will exceed a value of 100%.
Page 7
Paae 6 of 8
5.4 Durham has a larger share of its population reporting European (96.4%) and
Norther American (27.7%) ethnic origins, compared with the GTHA (67.5% and 16%
respectively). The share of Asian ethnic origins was the most notable difference
between the GTHA (49.1 %) and Durham (27.7%).
5.5 In Durham, the majority of the population (52.7%) identify with the Christian faith,
followed by Muslim (7.6%), Hindu (5.6%), Sikh (0.6%), Buddhist (0.5%), and Jewish
(0.3%). Approximately 0.5% identify with a different religion or spiritual tradition not
listed, and 32.1 % don't identify with any religious or secular perspectives, (see
Figure 6).
Figure 6 1 Breakdown of religious backgrounds in Durham
Buddhist
No religious or 0.5%
pei
Other religion!
and spiritual
traditions
0.5%
Traditional (Nortl
American
Indigenous)
spirituality
0.03%
Musli
7.6%
0.3% nii o u
5.6 /o
6. Mobility and Migration
Christian
52.7%
6.1 The data on mobility status and migration includes mobility within one and five-year
periods. In 2021, nearly 90% of Durham residents did not move within the past year,
4% of residents moved within Durham, while over 6% of Durham residents were
migrants (either from other parts of Ontario, from other Provinces or Territories
within Canada, or from outside of Canada). Durham had a higher percentage of
non -movers than both Ontario (88.4%) and the GTHA (88.5%).
AM*
Paae7of8
6.2 Within the last 5 years comparatively, approximately 63.6% of residents did not
move, with 9.9% of residents moving within Durham and 26.6% of residents
migrating from outside Durham.
7. Potential Impacts of global events
7.1 Global events, including the COVID-19 pandemic, have significantly impacted
population and demographic growth trends across the globe. They have also
influenced growth and immigration patterns in Durham and the GTHA as indicated
in previous data releases noted in section 3. Canada experienced a record number
of immigrants between 2016 and 2021 and has the largest proportion of immigrants
among the G7 counties (23%)5. If the current trend continues, it is expected that
more than half of the Canadian population will be made up of immigrants by 20416.
This trend is evident in Durham, where immigrants accounted for 27.9% of the
population in 2021, representing a 15.7% increase in the rate of immigrant
population growth overall compared to 2016. Immigration will continue to play a key
role in shaping future forecasts and housing needs in Durham. Future data releases
of the 2021 Census and beyond will provide further insight into the shifts, the
longevity of their impacts, and whether they represent long-term trends.
8. Relationship to Strategic Plan
8.1 This report aligns with/addresses the following strategic goals and priorities in the
Durham Region Strategic Plan:
a. Goal 5.3 — Demonstrate commitment to continuous quality improvement and
communicating results
9. Conclusion
9.1 The Census is an essential source of data on the demographic characteristics over
time. On November 30, 2022, a data set specific to education, labour, language of
work, commuting and instruction in the minority official language was released and
will be the subject of further report in early 2023.
5 Immigrants make up the largest share of the population in over 150 years and continue to shape who we
are as Canadians (Statistics Canada, October 2022).
6 Canada in 2041: A larger, more diverse population with greater differences between regions (Statistics
Canada, September 2022).
Page 9
9.2 Following the completion of the seven major releases, there will be further releases
(dates to be determined) that will highlight additional themes and key findings in the
data, data tables, updates to data products, and further analyses.
9.3 The 2021 Census information will be used as input to various Regional projects,
including the update to the Regional Official Plan through the Municipal
Comprehensive Review (Envision Durham), infrastructure master planning, annual
infrastructure capital budgets and forecasts, the annual Business Plan and
Budgeting process, Development Charges Studies, and the Durham Region Profile.
9.4 A copy of this report will be forwarded to the area municipalities and be made
available on the Region's website.
10. Attachments
Attachment #1: Statistics Canada 2021 Census of Population, Sixth Release
(Citizenship, Immigration, Ethnoculture, Religion, Mobility,
Migration)
Respectfully submitted,
Original signed by
Brian Bridgeman, MCIP, RPP
Commissioner of Planning and
Economic Development
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Page 20
December 21, 2022
The Honourable Steve Clark
Minister of Municipal Affairs and Housing
17th Floor
* -
777 Bay Street
*
Toronto ON M5G 2E5
Dear Minister Clark:
The Regional
Municipality
of Durham
RE: Durham Region's Response to the Provincial Consultation
on Proposed Amendments to the Greenbelt Plan, ERO
Corporate Services
Department -
s Postin #019-6216 and #-019-6238, File D12-01 (2022-
g
Legislative Services Division
COW-31), Our File: D00
605 Rossland Rd. E.
Level 1
Council of the Region of Durham, at its meeting held on December 21,
PO Box 623
2022, adopted the following recommendations of the Committee of the
Whitby, ON L1N 6A3
Canada
Whole, as amended:
905-668-7711
"A That the letter contained in Attachment #2 to Report #2022-COW-
) p
1-800-372-1102
31 of the Chief Administrative Officer be endorsed as the Region's
durham.ca
formal comments on the proposed amendments to the Greenbelt
Plan, ERO postings #019-6216 and #019-6238;
Barb Goodwin
MPA, CPA/CGA,
BComm, CPM,
B) That a copy of Report #2022-COW-31 be sent to the Minister of
C
Commissioner of Corporate
Municipal Affairs and Housing the area municipalities and the
Services
MPPs in Durham;
C) Council ask that the province return environmental and Greenbelt
protections to the Duffins Rouge Agriculture Preserve; and
D) That Council ask that the province return environmental and
Greenbelt protections to all of the areas being removed."
Please find enclosed a copy of Report #2022-COW-31 for your
information.
Alexander Harras,
Director of Legislative Services & Regional Clerk
AH/ks
Attachment
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
Page 21
Page 2 of 2
c: Nicole Cooper, Clerk, Town of Ajax
Fernando Lamanna, Clerk, Township of Brock
June Gallagher, Clerk, Municipality of Clarington
Mary Medeiros, City Clerk, City of Oshawa
Susan Cassel, Clerk, City of Pickering
Becky Jamieson, Clerk, Township of Scugog
Debbie Leroux, Clerk, Township of Uxbridge
Chris Harris, Clerk, Town of Whitby
Patrice Barnes, MPP (Ajax)
Todd McCarthy, MPP (Durham)
Laurie Scott, MPP (Haliburton/Kawartha Lakes/Brock)
David Piccini, MPP (Northumberland/Peterborough South)
Jennifer French, MPP (Oshawa)
Peter Bethlenfalvy, MPP (Pickering/Uxbridge)
Lorne Coe, MPP (Whitby)
E. Baxter-Trahair, Chief Administrative Officer
B. Bridgeman, Commissioner of Planning and Economic
Development
J. Presta, Commissioner of Works
Page 22
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3001.
The Regional Municipality of Durham
Report
To: Committee of the Whole
From: Chief Administrative Officer
Report: #2022-COW-31
Date: December 14, 2022
Subject:
Durham Region's Response to the Provincial Consultation on Proposed Amendments to
the Greenbelt Plan. ERO Dostinas #019-6216 and #019-6238. File D12-01
Recommendation:
That the Committee of the Whole recommends to Regional Council:
A) That the letter contained in Attachment #2 to this report be endorsed as the
Region's formal comments on the proposed amendments to the Greenbelt Plan,
ERO postings #019-6216 and #019-6238; and
B) That a copy of this report be sent to the Minister of Municipal Affairs and Housing,
the area municipalities and the MPPs in Durham.
Report:
1. Purpose
1.1 The purpose of this report is to request endorsement of staff's comments related to
the proposed changes to the Greenbelt Plan.
2. Background
2.1 On November 4, 2022 the Ministry of Municipal Affairs and Housing announced that
it was seeking feedback on proposed changes to the Greenbelt Plan, the Greenbelt
Area boundary regulation and the Oak Ridges Moraine Conservation Plan (see
ERO posting #019-6216) to enable the construction of approximately 50,000 new
units in the GGH. The deadline for comments was December 4, 2022 (a 30-day
comment period).
Page 23
Report #2022-COW-31
3. Previous Reports and Decisions
Paae 2 of 4
3.1 On November 10, 2022, Report #2022-INFO-92 was released to advise outgoing
and incoming Council of the proposed changes to the Greenbelt Plan.
4. Overview of Greenbelt Removals and Process
4.1 The province is proposing to remove 15 areas of land across the Greater Golden
Horseshoe (GGH) totaling approximately 3,000 hectares (7,400 acres) from the
Greenbelt Area, while adding approximately 3,800 ha (9,400 acres) of land to the
Greenbelt in the Paris Galt Moraine in Wellington County. Previously announced
was the addition of 13 Urban River Valleys across the GGH. In Durham Region, this
includes approximately 1,820 hectares (4,500 acres) of land in three locations (see
Attachment #1):
a. In the City of Pickering — lands located south of Highway 407, west of West
Duffins Creek and north of the CP Belleville rail line, and east of York -Durham
Line, known as the Duffins Rouge Agricultural Preserve (1,736 ha/4,289 ac);
b. In the Town of Ajax — lands located on the south side of Kingston Road East,
north of Highway 401 and west of Lake Ridge Road, at 765 and 775 Kingston
Road East (52 ha/128 ac); and
C. In the Municipality of Clarington — lands located at the northeast corner of
Nash Road and Hancock Road, west of Highway 418 (35 ha/86 ac).
4.2 To achieve the government's objective of advancing housing supply, the proposal
indicates that:
a. significant progress on approvals is to be achieved by the end of 2023;
b. construction of new homes is to begin by no later than 2025;
C. proponents will fully fund the necessary infrastructure upfront; and
d. if the above conditions are not met, the government will begin the process to
return the properties back to the Greenbelt.
5. Regional Staff Comments
5.1 On December 1, 2022, the Region's Chief Administrative Officer submitted staff
comments (see Attachment #2.)
5.2 The following concerns were identified:
a. It is unclear if the additional population and employment that would be
produced in the Greenbelt removal areas would be assigned additional
growth or whether the removal areas would be considered part of the
province's existing growth forecast;
b. Servicing solutions for these lands have not been developed. No plans have
been developed, and downstream infrastructure has not been sized to
accommodate extensive development within these areas;
Page 24
Report #2022-COW-31
Paae 3 of 4
C. The availability of electricity, and community services to support this growth
has not been contemplated in any other plans to date;
d. It is unclear whether proponents would be required bear all capital costs for
infrastructure, including major infrastructure;
e. Financial arrangements with the Region to fund infrastructure would need to
be negotiated to ensure the appropriate mechanisms are put in place
including development charges, front-end financing, and cost recovery;
f. Accelerating units already within the planning process, rather than redirecting
attention by removing areas of the Greenbelt that have not been
contemplated to accommodate growth may bring new housing to market
quickly and satisfy the province's objectives to build homes faster; and
g. The removals compromise the Region's environmental sustainability
objectives — including climate change resilience and biodiversity protection
which require conservation and restoration of natural areas such as those in
the Greenbelt.
6. Relationship to Strategic Plan
6.1 This report aligns with/addresses the following strategic goals and priorities in the
Durham Region Strategic Plan:
a. Goal 1 Environmental Sustainability
b. Goal 2 Community Vitality
7. Conclusion
7.1 It is recommended that Regional Council endorse the letter contained in Attachment
#2 as the Region's formal comments on the proposed changes to the Greenbelt
Plan.
7.2 This report and the comment letter were prepared in consultation with the Planning
and Economic Development Department, Works Department and Finance
Department.
8. Attachments
Attachment #1: Greenbelt Plan Areas in Durham proposed for removal —
Provincial maps 6, 7 and 8
Attachment #2: Letter from Elaine Baxter-Trahair to Minister Steve Clark,
Minister of Municipal Affairs and Housing (Dec. 1, 2022)
Page 25
Report #2022-COW-31 Page 4 of 4
Recommended for Presentation to Committee
Original signed by
Elaine C. Baxter-Trahair
Chief Administrative Officer
For further information, you may contact:
Brian Bridgeman, Commissioner of Planning and Economic Development
Brian. Brid_ e�(a�durham.ca; or
John Presta, Commissioner of Works
John. Presta(a-durham.ca
Page 26
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The Regional
Municipality of
Durham
Office of the Chief
Administrative Officer
605 Rossland Rd. E.
Level 5
PO Box 623
Whitby, ON L1 N 6A3
Canada
905-668-7711
1-800-372-1102
durham.ca
Elaine Baxter-Trahair
B.M. Edu, MBA
Chief Administrative
Officer
Attachment 2
Sent Via Email
December 1, 2022
The Honourable Steve Clark
Minister of Municipal Affairs and Housing
777 Bay Street, 17t" Floor
Toronto, ON M5G 2E5
Email: minister. mah(o)_ontario.ca
Dear Minister Clark:
RE: Provincial consultation on proposed amendments to the
Greenbelt Plan, ERO postings #019-6216 and #019-6238, Our File:
D12-01
On November 4, 2022 it was announced you were seeking feedback on
proposed changes to the Greenbelt Plan, the Greenbelt Area boundary
regulation, and the Oak Ridges Moraine Conservation Plan that would
remove 15 areas of land across the Greater Golden Horseshoe (GGH),
including three in Durham Region, while adding lands to the Greenbelt
in the Paris Galt Moraine in Wellington County, to enable the
construction of approximately 50,000 new units in the GGH.
Since the comment period on the legislation will close prior to our initial
Council meeting to consider the postings, please accept these staff
comments which will be presented to Regional Council for endorsement
at our earliest opportunity in December.
To be clear, the comments expressed in this letter are those of staff
and do not represent a formal Region of Durham Council position.
In Durham Region, the proposal includes the removal of over 1,820
hectares (4,500 acres) of land from the Greenbelt Area in three
locations in Pickering, Ajax and Whitby.
If you require this information in an accessible format, please call 1-800-372-1102 extension 2103.
Page 30
Page 2 of 5
To achieve the government's objective of advancing housing supply, the proposal
indicates that:
• significant progress on approvals is to be achieved by the end of 2023;
• construction of new homes is to begin by no later than 2025;
• proponents will fully fund the necessary infrastructure upfront; and
• if the above conditions are not met, the government will begin the process to
return the properties back to the Greenbelt.
Planning for Growth across Durham
The existing Growth Plan assigns an aspirational forecast of 1.3 million people and
460,000 jobs by 2051 for Durham, which is more than double the region's historic
growth rate.
It is unclear if the additional population and employment that would be produced in the
Greenbelt removal areas would be assigned additional growth beyond the forecasts
already allocated to Durham, or whether the removal areas would be considered part of
the province's existing growth forecast.
Durham is planning for and experiencing significant population and employment growth.
The Region has been working diligently with our partners in the development
community, other service providers and our lower -tier municipalities to plan for and
execute the servicing required to support this planned growth in a manner that supports
the Region's environmental sustainability objectives.
The rationale for proposed removals — i.e., the need for land to build 1.5 million homes
over the next ten years — was not supported by the province's Ontario Housing
Affordability Task Force which, in its February 2022 report stated that "a shortage of
land isn't the cause of the problem. Land is available, both inside the existing built-up
areas and on developed land outside of the greenbelts." (p. 10)
As of year-end 2021, there were over 33,000 units across Durham within draft
approved plans of subdivision and condominium. This represents a conservative
estimate of approved unit supply, as it does not include units within approved site plans,
nor lots in subdivision applications that are in -process but not yet draft approved (which
would add another approximately 30,000 units). Durham is poised for growth within
designated areas, as well as through intensification at transit -supportive densities,
where there is the highest potential to deliver housing within the next decade. Due to
current extensive infrastructure demands and commitments, the Region's pre-existing
urban land areas and draft approved lot supply, the ability to develop within the
proposed Settlement Area Boundary Expansions (SABEs) or the Greenbelt removal
areas is challenging in the short term.
If you require this information in an accessible format, please call at 1-800-372-1102 ext. 2103.
Page 31
Page 3 of 5
Servicing Implications
The ERO posting states that the Greenbelt removal areas across the GGH are
"serviced or adjacent to services". Since the expectation was that the Greenbelt was to
be protected in perpetuity, servicing solutions for these lands have simply not been
developed. Therefore, our Works Department has advised that no plans have been
developed to extend services to these areas, and downstream infrastructure has not
been oversized to accommodate extensive development within these areas.
If Environmental Assessments for roads, water or sewage servicing are required to
support growth in the Greenbelt removal areas, the timeline for design and construction
of the required servicing in advance of housing by 2025 may not be adequate.
There are also concerns related to the provision of other services such as the
availability of electricity, and community services to support this growth, that has not
been contemplated in any other plans to date.
Timing set out in the ERO posting is aggressive and does not appear to reflect whether
the areas can be serviced within that timeline. In the absence of detailed information
about the amount and type of development being proposed on the sites, the Region's
ability to provide a more fulsome reply is limited.
Implementation Timing and Financial Implications
The ERO posting states that "significant progress" on approvals is to be achieved by the
end of 2023, just over one year from now. However, the term "significant progress"
lacks clarity and is open to broad interpretation.
It is requested that the term "significant progress" be defined for consistent application
to the Greenbelt removal areas. It is suggested that the term be defined to include the
completion of a secondary plan (or equivalent) that is accompanied by the appropriate
technical and environmental studies to the satisfaction of the lower and upper tier
municipality, and the submission of proposed plans of subdivision. Significant progress
should also include detailed roads, water and wastewater servicing plans that are
deemed acceptable to the Region, and the advancement of an agreement that ensures
the development of these lands will not impose a financial hardship on the Region's
taxpayers and water and sewer ratepayers. An analysis should be completed to look at
the upfront capital costs and corresponding long-term lifecycle costs to service these
new lands which will be needed to be included in future long-term servicing and asset
management plans by the Region.
If you require this information in an accessible format, please call at 1-800-372-1102 ext. 2103.
Page 32
Page 4 of 5
The ERO posting also states that it is the province's expectation that proponents would
fully fund the necessary infrastructure upfront. The term "fully fund the necessary
infrastructure upfront" requires clarification. The language appears to indicate that the
proponents would bear all capital costs for infrastructure, including major infrastructure.
If however, it is intended that major infrastructure and facilities are to be implemented
through a future front -ending arrangement for development charge funded
infrastructure, then it should be made clear that the necessary infrastructure will include
both the linear infrastructure and the capital costs associated with expanding the water
supply and wastewater treatment plants to provide the necessary servicing capacity, as
well as the Regional infrastructure associated with other Regional services such as
roads, transit, social services and emergency services. Financial arrangements with the
Region would need to be negotiated to ensure appropriate mechanisms are put in place
including development charges, front-end financing, and cost recovery.
Environmental Impacts
There are concerns that these proposed removals will compromise the Region's
environmental sustainability objectives — including climate change resilience and
biodiversity protection which require conservation and restoration of natural areas such
as those in the Greenbelt.
The Greenbelt Plan was introduced in 2005 to protect land from development across
the GGH. The Greenbelt Plan works with the Growth Plan, to define where and how
future growth should be accommodated and where urbanization should not occur. It
was intended to provide permanent protection to the agricultural land base and the
ecological and hydrological features, areas and functions occurring on the landscape.
The province recently recognized this in its March 2022 consultation on the Greenbelt
which included a key principle that "no removal or land exchanges are proposed... this
proposal is about growing the size and quality of the Greenbelt, and the government will
not consider the removal of any lands from the Greenbelt."
A stable Greenbelt supports the implementation of climate change mitigation and
adaptation strategies from all levels of government. The continued protection of
agricultural lands, water resources and natural areas will support long-term
environmental sustainability and climate resilience for communities across the Greater
Golden Horseshoe, including those in Durham Region. We share the provincial goal to
achieve healthy and complete communities that are compact, walkable, and transit -
supportive, and help reduce greenhouse gas emissions. These proposed Greenbelt
removals are inconsistent with that objective.
If you require this information in an accessible format, please call at 1-800-372-1102 ext. 2103.
Page 33
Page 5 of 5
Conclusion
The proposed Greenbelt removals raise several servicing, timing, financial and
environmental impacts, and may not, in fact, advance the province's stated desire to
build more homes faster by 2025. Regional staff respectfully recommend that the
province focus on collaborating with all affected parties, including the development
community, upper and lower tier municipalities, to redouble efforts on accelerating units
already within the planning process, rather than redirecting attention by removing areas
of the Greenbelt that have not been contemplated to accommodate growth.
Sincerely,
�2-) t
Elaine Baxter-Trahair
Chief Administrative Officer
If you require this information in an accessible format, please call at 1-800-372-1102 ext. 2103.
Page 34
December 21, 2022
The Honourable Doug Ford
Premier of Ontario
Room 281
* -
Legislative Building, Queen's Park
*
Toronto, ON M7A 1A1
Dear Premier Ford:
The Regional
Municipality
of Durham
RE: Implications of Bill 23 on the Region of Durham (2022-
COW-33), Our File: D00
Corporate Services
Department —
Legislative Services Division
Council of the Region of Durham, at its meeting held on December 21,
2022, adopted the following recommendations of the Committee of the
605 Rossland Rd. E.
Level 1
Whole:
PO Box 623
Whitby, ON L1N 6A3
Canada
"A) That Council endorse staff -level feedback and recommendations
on Bill 23 as provided in Report #2022-INFO-93 of the Chief
905-668-7711
Administrative Officer;
1-800-372-1102
durham.ca
B) That the Province of Ontario be requested to pass further
legislation to revise Bill 23, the More Homes Built Faster Act, 2022
Barb Goodwin
MPA, CPA/CGA,
in light of the unintended property tax implications that it will
g p p Y p
BComm, CPM,
impose on existing and future property taxpayers, and due to the
CMMIII
Commissioner of Corporate
community planning impacts that will affect our communities;
Services
C) That the Province of Ontario be requested to engage with all
affected municipalities through meaningful dialogue in the spirit of
collaboration, to achieve our shared goal of achieving significant
increases in housing supply while directly investing in measures to
improve housing affordability; and
D) That staff be directed to work with local area municipalities on a
communications and public education campaign that details the
impacts of Bill 23 on residents in the Region of Durham, with
information regarding all property tax increases stemming from Bill
23 being included in the upcoming 2023 and future Regional
property tax bills."
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
Page 35
Page 2 of 2
Please find enclosed a copy of Report #2022-COW-33 for your
information.
Alexander Harras,
Director of Legislative Services & Regional Clerk
AH/ks
Attachment
c: The Honourable Steve Clark, Minister of Municipal Affairs and
Housing
Nicole Cooper, Clerk, Town of Ajax
Fernando Lamanna, Clerk, Township of Brock
June Gallagher, Clerk, Municipality of Clarington
Mary Medeiros, City Clerk, City of Oshawa
Susan Cassel, Clerk, City of Pickering
Becky Jamieson, Clerk, Township of Scugog
Debbie Leroux, Clerk, Township of Uxbridge
Chris Harris, Clerk, Town of Whitby
E. Baxter-Trahair, Chief Administrative Officer
Page 36
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564
The Regional Municipality of Durham
Report
To: Committee of the Whole
From: Chief Administrative Officer
Report: #2022-COW-33
Date: December 14, 2022
Subject:
Implications of Bill 23 on the Region of Durham
Recommendations:
That the Committee of the Whole recommends to Regional Council:
A) That Council endorse staff -level feedback and recommendations on Bill 23 as
provided in 2022-INFO-93;
B) That the Province of Ontario be requested to pass further legislation to revise Bill
23, the More Homes Built Faster Act, 2022 in light of the unintended property tax
implications that it will impose on existing and future property taxpayers, and due to
the community planning impacts that will affect our communities;
C) That the Province of Ontario be requested to engage with all affected municipalities
through meaningful dialogue in the spirit of collaboration, to achieve our shared goal
of achieving significant increases in housing supply while directly investing in
measures to improve housing affordability; and
D) That staff be directed to work with local area municipalities on a communications
and public education campaign that details the impacts of Bill 23 on residents in the
Region of Durham, with information regarding all property tax increases stemming
from Bill 23 being included in the upcoming 2023 and future Regional property tax
bills.
Page 37
Report #2022-COW-33
Report:
Purpose
1.1 The purpose of this report is to:
Paae 2 of 14
a. Provide an overview of Bill 23, the More Homes, Built Faster Act, 2022; and
b. Summarize the anticipated impacts of Bill 23 on the Region, and to Region of
Durham taxpayers and ratepayers.
1.2 The initial commenting deadline was November 25, 2022 (a 30-day commenting
window). An overview of staff -level comments on various Environmental Registry
of Ontario (ERO) postings on Bill 23 was included in the Council Information
Report 2022-INFO-93 on November 10, 2022. The report also included letters
from the CAO to the Minister of Municipal Affairs and Housing and the Minster of
the Environment outlining areas of concerns with Bill 23. Key concerns include:
a. Removing Regional Council's role as an approval authority in land use
planning decisions, and the Regional Official Plan as the guiding document
for integrating land use, infrastructure and financial planning; or the ability
to act as an approval authority for major planning decisions with Regional
implications;
b. Reducing development charge funding and other development financing
necessary to pay for the infrastructure required to support significant
growth of new housing;
C. Removing the ability to collect development charges to support the delivery
of critical assisted housing for vulnerable populations;
d. Requiring York and Durham Region to build capacity in the York Durham
Sewage System (YDSS) and the Duffin Creek Water Pollution Control
Plant to service development known as Upper York (Aurora, East
Gwillimbury, Newmarket); and
e. Servicing impacts of additional unplanned densification.
1.3 The commenting deadline on Bill 23 was subsequently extended to December 9,
2022, but the Bill passed third reading and received royal assent in the provincial
legislature on November 28, 2022. Given this timing, the newly elected Durham
Regional Council, like most Councils across the province, were unable to provide
formal feedback on the Bill prior to it being enacted.
1.4 Bill 23 introduces sweeping changes to the Development Charges Act, the
Planning Act, and other legislation. Some changes were made to the Bill through
Second Reading on November 22 after debate and consideration by the Standing
Committee on Heritage, Infrastructure and Cultural Policy, but the fundamental
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Report #2022-COW-33 Page 3 of 14
concerns raised by the Region and other municipalities through their submissions
did not materially influence the overall outcome. Neither the Association of
Municipalities of Ontario, nor the Municipal Finance Officers of Ontario were
granted a delegation at the Standing Committee.
1.5 The Bill also makes a series of related changes to the jurisdiction of the
conservation authorities as well as changes to parkland dedication requirements,
site plan control, community benefits changes, changes to the Heritage Act which
are administered by local area municipalities. The financial, community planning
and environmental implications of these changes are not covered in this report.
2. Background
2.1 Regional governments perform a critical role in infrastructure planning and
integration to ensure that growth -related infrastructure is planned, funded and in
place to support new development. Decisions to invest in infrastructure and
services are based on the coordination of planning permissions, long range
infrastructure planning, and capital financing so that required water, sewer, roads
and other infrastructure and services will be made available to enable new
housing construction.
2.2 On October 25, 2022, the provincial government introduced: 'More Homes, Built
Faster: Ontario's Housing Supply Action Plan 2022-2023', which is intended to
advance the government's commitment to getting 1.5 million homes built across
Ontario over the next 10 years. It makes a series of changes intended to support
the Provincial objective of building more homes, reduce construction costs and
fees and streamline development approvals, in an effort to help future new
homebuyers.
2.3 Requirements to deliver new affordable housing do not form part of the Bill. The
legislation is predicated on the assumption that significant additional housing
supply will be sufficient to drive down overall housing prices. Municipalities have
no ability to set the price of market housing, and do not control when private
building permit applications are submitted.
2.4 In summary, Bill 23 makes the following changes that are of Regional concern:
a. Reducing development charge funding and other development financing
necessary to pay for the infrastructure required to support new housing as
detailed in Paragraph 4.14;
b. Eliminating the ability to collect development charges to support the delivery
of critical assisted housing for vulnerable populations;
C. Significantly altering roles, responsibilities and processes within the land use
planning system that do not have a clear or direct connection to increasing
the supply of housing, while removing the ability to influence other land use
planning interests;
d. Removing Regional Council's role in land use planning by eliminating the
Regional Official Plan as a principal document for integrating land use,
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Report #2022-COW-33 Page 4 of 14
infrastructure and financial planning, and by removing Region's ability to act
as an approval authority to ensure that significant land use and transportation
planning decisions can occur in the broad Regional interest, and in a
coordinated manner with local municipal planning; and
e. Eliminating the Region's ability to appeal a lower tier planning decision.
2.5 Bill 23 also requires York and Durham Region to build capacity in the York
Durham Sewage System (YDSS) and the Duffin Creek Water Pollution Control
Plant to service development known as Upper York (Aurora, East Gwillimbury,
Newmarket).
2.6 Some changes were made to the Bill through Second Reading on November 22
after debate and consideration by the Standing Committee on Heritage,
Infrastructure and Cultural Policy. However, fundamental concerns were not
addressed. Key amendments include:
a. Moving up the transition date relating to the 4-year reduction of
development charges (DCs) to a DC by-law passed on or after January 1,
2022, instead of June 1, 2022. This further reduces DC revenue.
b. Keeping considerations for exterior requirements related to sustainability
through site plan control, such as green roofs, alternative roof services or
other environmental standards in the construction of buildings. This means
municipalities can have green building standards.
3. Previous Reports and Decisions
3.1 Comments from the Chief Administrative Officer were presented in 2022-INFO-
93.
3.2 Council confirmed its preferred alternative to the Upper York Sewage Solution as
an advanced treatment system in the Lake Simcoe watershed within the Regional
Municipality of York (#2021-COW-28).
4. Summary of Impacts of Bill 23
Executive Summary
4.1 Bill 23 will have significant impacts on the Region's ability to coordinate and
finance capital infrastructure investments for growth. A partial estimate of the total
lost revenue is $281 million over five years; this does not include the impact of
exemptions for affordable and yet -to -be defined attainable housing nor does it
include lost revenues at the area municipal level.
4.2 Moving away from the principle that growth pay for growth by reducing developer
contributions to fund growth -related infrastructure including improvements to
Regional roads, water supply and sewage treatment plant expansions, and other
services, will result either in increased property taxes and water and sewer rates
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Report #2022-COW-33 Page 5 of 14
to maintain the current pace of planned investments, or will impact the scale or
timing of capital investments by the Region that are required to support housing
growth. The Bill has no mechanism to oblige developers to pass on any savings
realized from lower DCs onto new homebuyers.
4.3 The Region's ability to coordinate infrastructure and service planning (e.g., roads,
transit, water and sewer) and ensure that long-term servicing coincides with
development will be impacted by the elimination of upper tier planning approval
responsibilities. The removal of an overall Regional Official Plan will further
complicate coordination efforts. Such changes may also limit the Region's ability
to coordinate infrastructure investment in a timely and cost-effective manner and
could serve to delay potential housing growth.
Details of Financial Impacts
4.4 Changes to the Development Charges Act (DCA), made by the More Homes Built
Faster Act, 2022 (Bill 23), reduce the amount of DCs that municipalities can
recover from new development by implementing a number of reductions and
exemptions.
4.5 Development Charges must follow the prescribed approach set out in the DCA.
DCs are the main revenue tool for municipalities to recover the growth -related
capital costs of infrastructure, such as for water, sewer and roads, from the growth
that has triggered the need for the capital projects. In 2021, the Region of Durham
collected approximately $112.4 million in residential DCs (from 4,358 units) for
growth related costs. In Durham Region, any costs of growth -related capital, that
are not funded by DCs, become a cost to property taxpayers or, for water and
sewer, user ratepayers. Property taxpayers and ratepayers also fund all the
ongoing operating costs, along with the capital costs associated with maintenance
and replacement.
4.6 Prior to Bill 23, almost 60 per cent of the $41,528 Regional Residential DC rate for
single and semi-detached units was for water and sewer. Approximately 50 per
cent of the $24.45 per square foot Regional Commercial DC rate was for water
and sewer. The new exemptions, discounts and ineligible capital costs will
transfer roughly that same percentage of lost Regional DC revenue to the user
rates for water and sewer. Water and sewer system costs, in Durham Region, are
fully funded by DCs and user revenue with no property tax contribution.
4.7 Bill 23 may also require municipalities to delay the construction of infrastructure
needed to service new housing or assume additional risk by taking on more long-
term debt. It could also lead to the consideration of service level reductions. With
reduced funding from DCs, municipalities will have to make choices to allocate
limited property tax and water and sewer user rate funding between their asset
management needs with the increasing costs of infrastructure required to
accommodate future development.
4.8 Certain changes in the More Homes Built Faster Act, 2022 are primarily aimed at
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Report #2022-COW-33
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reducing the rates that developers pay. However, DC rates in Durham Region are
relatively low in comparison to other jurisdictions within the province. The total
cost of DCs in Durham Region, including Regional, local, and educational, range
between $65,188 - $85,633 per single detached unit. There are no mechanisms in
Bill 23 to ensure that developers will use savings from reduced fees to reduce
housing costs.
4.9 It should also be noted that the DCA already requires municipalities to put all DC
revenue into reserve funds set aside for the purposes of growth -related capital
costs. In addition, the DC calculations undertaken for the Region of Durham
acknowledge any existing uncommitted DC reserve funds by netting off the
outstanding reserve balances from the total DC eligible capital costs for all service
areas. This effectively reduces the calculated DC rates.
4.10 The use and accumulation of DCs are subject to a number of legislative
restrictions and disclosure requirements, such as:
Under DCA legislation, DCs can only be collected for growth -related capital
infrastructure and can only be applied to the specific growth -related
infrastructure projects identified in the corresponding DC Background
Study.
Municipalities are required, under Section 43 of the DCA, to produce an
annual financial statement on development charges, which includes
reserve fund balances (opening and closing) and commitments. Municipal
financial statements are also independently audited on an annual basis,
including DC reserve funds (reflected as deferred revenue in audited
financial statements).
4.11 The various reductions and exemptions included in Bill 23 will require a larger
portion of infrastructure costs to be paid from property taxes and water and sewer
user rates, impacting both existing residents and businesses. The current
estimates of the combined increased burden on property taxes and user rates
totals approximately $52.3 million over the next five years. This $52.3 million
includes the known impacts to the Region's current DC by-law, over the next five
years, and reflect only the following changes to the DCA that came into force
immediately after the passage of Bill 23:
a. Removal of Housing Services as a DC eligible service: estimated impact of
$16.5 million over the next five years.
The Region has been collecting DCs for Housing Services since 2018, with
accumulated funds allocated to support affordable housing developments
throughout the Region. In 2021, the Region allocated $1.8 million in
Housing Services DCs to support a 24-unit affordable housing project in
Oshawa. In 2022, the Region allocated $1.95 million to support a 52-unit
affordable housing project in Clarington. Removing housing services as a
DC eligible service eliminates the Region's ability to collect any additional
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Report #2022-COW-33 Page 7 of 14
DC money for similar affordable housing projects in the future.
b. Mandatory five-year phase -in of new development charge rates: estimated
impact of $6.3 million over the next five years.
Development charge rates, for by-laws passed as of January 1, 2022,
would be subject to a mandatory five-year phase -in. The first year of a by-
law would see rates reduced by 20 per cent, followed by 15 per cent in
year two, 10 per cent in year three, and five per cent in year four. The full
rate will be realized in year five. This phase -in applies to both residential
and non-residential DCs.
Currently, this mandatory phase -in would only impact the Region's Transit
DC as the phase -in only applies to new by-laws establish on, or after,
January 1, 2022. The $6.3 million estimated impact over the next five years
reflects only the reduction in the Regional Transit DC rate.
C. Exemptions for non-profit housing development: estimated impact of $7.2
million over the next five years.
Prior to Bill 23, the DCA provided non-profit housing developments with a
20-year DC payment deferral where the total amount of DCs owing were
paid in equal installments over a 20-year period. The changes in Bill 23
now provide non-profit developments with a full exemption, meaning any
current non-profit development paying DCs over a 20-year period would be
exempt from making any future payments. Future payments are estimated
at $7.2 million.
d. Fifteen to twenty-five per cent discount for purpose-built rental units (that are
not considered "affordable"): estimated impact of $22.3 million over the next
five years.
The DCA currently provides rental housing developments with a 5-year DC
payment deferral where the total amount of DCs owing are paid in equal
installments over a 5-year period. The changes in Bill 23 now provide a
further discount on DC rates, depending on the number of bedrooms.
Discounts are 25 per cent for rentals with three -bedrooms or more, 20 per
cent for two -bedrooms, and 15 per cent for one -bedroom or less.
These additional discounts only apply to rental units that have not received
a building permit as of the date Bill 23 came into force (November 28,
2022).
Note that the financial impacts of this change are difficult to quantify as its
difficult to estimate the number of non -affordable rental units to be built in
the Region.
4.12 In addition to the above noted changes, Bill 23 includes changes that will have
significant impacts over the long run, beyond the next five years. Although these
changes came into force on the day Bill 23 was enacted, the changes apply to
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Report #2022-COW-33 Page 8 of 14
capital cost estimates for future DC by-laws. Therefore, the financial impacts of
these changes will not be realized until the Region completes its next DC by-law
update later in 2023. The current estimated financial impact of these changes
(once realized) ranges between $44.6 and $60.6 million and reflect the following
changes to the DCA from Bill 23:
a. Removal of studies as an eligible capital cost: estimated potential impact of
$25.4 million over the next five years
Based on the approved 2022-2031 Property Tax and Water and Sewer
Business Plans and Budgets, the estimated value of DC recoverable
growth -related studies (master plans and future development charge
studies) over the next five years is $9.4 million. If environmental
assessments (EA's) are also considered ineligible, the cost of removing
studies could increase to $25.4 million. Staff continue to review the
legislation to confirm whether EA's remain an eligible capital cost.
As mentioned, the removal of studies will pertain only to new by-laws
enacted after Bill 23 comes into force. The Region will not experience a
financial impact until the current by-law is renewed.
b. Removal of Land Costs as an eligible capital cost: estimated potential impact
of $35.2 over the next five years.
Bill 23 proposes that, at some point in the future, a regulation -making
authority would enable services to be prescribed for which the cost of land
would not be an eligible capital cost that could be recovered through DCs.
Based on the approved 2022-2031 Property Tax and Water and Sewer
Business Plans and Budgets, the estimated value of the DC recoverable
growth -related land acquisition costs is estimated at $35.2 million
(Residential and Non-residential DCs) over the next five years.
As mentioned, the removal of land would pertain only to new by-laws
enacted after Bill 23 comes into force. The Region will not experience a
financial impact until the current by-law is renewed
4.13 Assuming the Region had to phase in all current DC rates (residential and non-
residential) over the next five years (and assuming annual indexing of 5 per cent),
this would add an additional $167.7 million in lost DC recovery. The combined
impact would be a potential loss of $280.6 million.
4.14 The total potential losses in DC recovery are summarized in the table below. The
table shows the potential loss in DC revenue, as well as the amounts that will
need to be transferred on to property taxes and user rate
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Report #2022-COW-33
Table 1: Summary of Potential Losses
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DCA Measure Restricting DC
Collections
Potential
Loss
Revenue
Property Tax
Share0)
Water and
Sewer Share(2)
Timing(3)
Millions
Known Impacts under current
DC By-law)
Removal of Housing Services
$16.5
$16.5
-
2023-27
Phasing in of New Transit DC
Rates
$6.3
$6.3
-
2023-27
Exemption of Non-profit
Developments - based on
existing 4 projects constructed
/ under construction which
qualified for 20- ear deferral
$7.2
$2.9
$4.3
2020-40
DC discount for rental
apartments
$22.3
$8.9
$13.4
2023-27
Subtotal
$52.3
$34.6
$17.7
Potential Impacts future DC B
-law
Ineligibility of Studies
$25.4
$8.2
$17.2
2023-27
Ineligibility of Land
$35.2
$19.7
$15.5
2023-27
DC discount from phasing in of
DC rates from New DC By-law
$167.7
$67.1
$100.6
2023-27
Subtotal
$228.3
$95.0
$133.3
Total
$280.6
$129.6
$151.0
Unknown Impacts
Exemptions for future non-
profit housing developments
unknown
unknown
unknown
Exemptions for attainable units
(not yet defined
unknown
unknown
unknown
Exemptions for affordable units
(rental and ownership) - not yet
in effect
unknown
unknown
unknown
Broadening of exemptions for
units
unknown
unknown
unknown
-secondary
Historical level of service
increase from 10 to 15 years
unknown
unknown
unknown
Notes:
1. A 1 % property tax increase equates to $7.6 million
2. A 1 % water and sewer user rate increase equates to $2.3 million
3. The estimated loss DC revenue is for a five-year period except for the non-profit housing
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4.15 In addition to the measures noted above, there are a number of other changes
included in Bill 23 that will have future impacts on Regional DC collection. These
changes include:
a. Exemptions for affordable (rental and ownership), attainable, and inclusionary
zoning units.
Bill 23 provides exemptions for affordable (rental and ownership) units, with
the threshold for affordability determined by the province through a bulletin
posted on the website for the Ministry of Municipal Affairs and Housing.
The definition of attainable housing will also be provided at a later date.
The financial impact to the Region is difficult to quantify as the definitions
have not been finalized and the provisions do not come into force until a
future date to be proclaimed by the province.
b. Extending the historic level of service calculation for DC -eligible capital costs
from 10 years to 15 years.
The extension of the historic level of service timeframe will likely reduce the
maximum value of the capital program (for certain soft services) that can
be included in the DC study. This change will impact the Region when a
new DC by-law is established. This change also does not apply to Transit.
C. Municipalities are now required to spend or allocate at least 60 per cent of DC
reserves for priority services (water, wastewater and roads). This 60 per cent
threshold must be spent or allocated each year, beginning with water,
wastewater, and roads, with more services potentially added in the future.
This will have no financial impact to the Region as DCs are already being
collected (allocated) for specific projects.
4.16 The Region is currently developing an implementation strategy for the changes to
the DCA from Bill 23. This implementation strategy includes various components,
including:
• Coordinating with local area municipalities on the administration of the
various new exemptions (affordable housing, attainable housing,
inclusionary zoning).
• Reviewing existing rental deferral agreements to determine if any
adjustments are required for future payments.
• Reviewing all DCs paid in the days since the implementation of Bill 23
(November 28, 2022) to ensure the changes have been properly
addressed.
4.17 In addition, it is uncertain how the new exemptions, discounts and ineligible
capital costs will impact the Region's ability to honour the existing commitments
under the Seaton Front -Ending Agreement. The Seaton landowners front funded
a considerable amount of Regional infrastructure required for the Seaton
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Report #2022-COW-33
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community (approximately $200 million) in exchange for future Area Specific DCs
credits. These Seaton Water and Sewer Area Specific DC by-laws are routinely
updated by the Region to ensure that the developers who front -funded the
required Water and Sewer Regional infrastructure for Seaton are receiving the
correct amount of DC credits based on the actual costs that they have funded. As
well, these changes to the DCA may impact the Region's ability to enter into
future front ending agreements which can be an effective financing tool to allow
development since the DC credits may be considerably reduced with cost
recovery now transferred to user revenue (for water and sewer growth related
capital) and property tax.
Details of Planning Impacts
4.18 At a date still to be determined, the Region of Durham and the six other regional
governments will be defined as an "Upper -Tier Municipality without Planning
Responsibilities". This means that:
a. The Regional Official Plan will become the official plan for the lower -tier
municipalities who could repeal or amend it.
b. Local municipalities will assume approval authority for all Planning Act
decisions, except official plans, which will need Ministerial approval. The
Minister's decision would not be subject to appeal.
C. Local municipalities will have approval authority over Official Plan
Amendments, subdivisions, land division, and part lot control exemptions.
Commenting responsibilities on all land use planning applications and related
matters will continue to be performed by the Region.
4.19 Changes to the Planning Act have the potential to impact the Region's interests in
the following ways:
a. The ability to require area municipalities to plan on the basis of Regionally
prescribed population and employment forecasts would be removed.
Significant reductions in population or employment where higher densities
were envisioned could result in infrastructure being over -built. Additionally,
reductions in DC revenue could result in infrastructure not being built when
needed. The Region's ability to plan and finance servicing works in a
coordinated and cost-effective manner are reduced without the Regionally
prescribed population and employment forecasts and related capital
requirements.
b. Planning and servicing initiatives for employment areas could be affected,
since employment area conversions would no longer require Regional
approval.
C. Planning for transit -oriented communities, either along higher order transit
routes or within Major Transit Station Areas would be affected, since the
Region could no longer require development to be implemented at densities
that optimize the use of transit.
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d. There would be no ability to protect for Type C arterial roads across the
Region, which would affect road connectivity and travel options, and would
place pressure on the existing arterial road network to channel increased
levels of traffic.
e. The Region could no longer control intersection spacing through arterial road
designations. Along Type A arterial roads, traffic flows and capacity could be
reduced.
f. The ability to require the implementation of site plan designs that allow for
access by publicly operated waste management vehicles would be removed.
4.20 To advance station delivery for the Lakeshore East GO Extension to Bowmanville,
the Region has developed a land value capture strategy. The Strategy is based, in
part, on the Region's pre -Bill 23 approval authority under the Planning Act. Bill 23
removes this authority from the Region. Bill 23 also introduces a level of fiscal
uncertainty that did not exist previously.
4.21 Regional staff are assessing how best to address the matters of jurisdiction and
risk to enable station delivery for the Lakeshore GO East Extension as part of a
transit -oriented communities approach. The extension of GO Train service to
Bowmanville and the establishment of vibrant, sustainable transit -oriented
communities at the proposed GO stations can help to catalyze housing options
and are an essential part of Durham's future prosperity.
4.22 Up to three additional residential units will be permitted on an urban property. This
could be two residential units in a principal building, one in an ancillary building or
three residential units in a principal building. This will affect the amount of reserve
sanitary sewerage and water supply capacity that must be set aside within urban
areas to enable this form of development. The effect on system capacity as a
result of this change is not yet known, however this will affect the ability of small
urban areas to accommodate additional growth.
4.23 Exterior design of buildings will be removed from site plan control. Changes put in
place after Second Reading would still allow local area municipalities to
implement green development standards, such as green roofs, alternative roof
services or other environmental standards in the construction of buildings, but
aesthetic and design considerations have been removed.
4.24 The requirement to hold a public meeting before approving a draft plan of
subdivision has been removed. This would not normally be a Regional concern,
since these meetings are normally conducted by the local area municipality in
conjunction with a related rezoning application, but would not be the case if
developments proceed by way of Minister's Zoning Order.
5. Upper York Sewage System
5.1 Schedule 10 within Bill 23 provides the provincial direction for the wastewater
servicing of the Upper York Sewage Solution by the Lake Ontario option of
conveying wastewater south to the York Durham Sewage System. This
Report #2022-COW-33 Page 13 of 14
development growth located entirely within York Region will be serviced by the
Duffin Creek Water Pollution Control Plant in the City of Pickering.
5.2 A detailed review of the proposed servicing option will need to be conducted in
consultation with York Region to determine infrastructure planning impacts.
6. Relationship to Strategic Plan
6.1 This report aligns with/addresses the following strategic goals and priorities in the
Durham Region Strategic Plan:
a. Goal 1 Environmental Sustainability
b. Goal 2 Community Vitality
C. Goal 4 Social Investment
7. Next Steps
7.1 Staff will continue to monitor the financial and other impacts of the More Homes
Built Faster Act including the impacts to effective planning, and financial impacts to
the Region including any related delays or scaling back of planned Regional
infrastructure.
7.2 Staff will work with local area municipalities to explore development of a
communications and public education campaign to communicate the impacts of Bill
23 on residents in the Region of Durham to ensure understanding of any impacts on
user rates and property taxes.
7.3 Staff will continue to monitor the impacts of Bill 23 on the delivery of Regional
priorities such as Transit Oriented Communities (TOC), affordable housing targets
and the creation of liveable communities and report back to Council as appropriate.
7.4 Through the provincial budget process, the Region will advocate for provincial
funding to mitigate the negative financial impacts of the More Homes Built Faster
Act to property taxpayer and rate payers in the Region.
8. Conclusion
8.1 Bill 23 has significant impacts to planning processes and to the Region's ability to
fund infrastructure related to growth. There remain many unknowns about how Bill
23 will affect coordination between Regional and Regional and local infrastructure
planning, and the delivery of Regional capital projects such as growth -related road
projects as certain aspects of the Bill still need to be defined.
8.2 The Region submitted staff -level feedback on Bill 23 to the province through a letter
and direct comment to the ERO postings. Council endorsement of this feedback is
being sought with a further recommendation that Regional Council call on the
province to amend the Act to address the unintended and financially harmful
consequences noted in this report. As enacted, it remains doubtful if this legislation
Page 49
Report #2022-COW-33
Paae 14 of 14
will result in more homes being built faster. Builders will typically charge whatever
the market will bear for a new home, regardless of any financial breaks they may
receive, so the impact of this legislation on affordability is similarly questionable.
The focus of this legislation is on supply, but more emphasis could be made on
demand to address whether the right types of units will be built to accommodate the
needs of the current and future population.
8.3 It is important that the Region's taxpayers understand the impacts of Bill 23. Recent
public comments by the province imply that there is either current capacity to
absorb these costs or that the costs could be borne by the additional assessment
revenue stream from the new homes. That would have the unfortunate result of not
leaving assessment growth capacity for the operating impacts of that growth such
as paramedics, policing, road maintenance as well as all other Regional services
impacted by population service levels. An information campaign will support
accountability to property taxpayers and ratepayers about potential increases in tax
increases and fees, and impacts on the delivery of Regional infrastructure.
Respectfully submitted,
Recommended for Presentation to Committee
Original signed by
Elaine C. Baxter-Trahair
Chief Administrative Officer
Page 50
December 21, 2022
The Honourable Doug Ford
Premier's Office
Room 281
-
Legislative Building, Queen's Park
#
Toronto, ON M7A 1 Al
Dear Premier Ford,
The Regional
Municipality
of Durham
RE: Resolution regarding the Expansion of a Slow Down Move
Over Requirement to All Roadside Workers: T02
Corporate Services
Department —
Legislative Services
Council of the Region of Durham, at its meeting held on December 21,
Division
2022, adopted the following recommendations of the Works Committee:
605 Rossland Rd. E.
Level 1
"Whereas the Province's Highway Traffic Act currently provides
PO Box 623
Whitby, ON L1N 6A3
protection to select designated roadside workers (police, paramedics,
Canada
and tow truck drivers), which requires motorists to slow down and move
over when vehicles are stopped alongside the road;
905-668-7711
1-800-372-1102
Whereas many roadside workers (e.g., waste and recycling collectors,
durham.ca
maintenance workers) are not currently afforded the same protection but
Barb Goodwin
work under the same conditions;
MPA, CPA/CGA,
BComm, CPM,
And whereas British Columbia passed a Slow Down Move Over law to
CMMIII
Commissioner of
make it safer for all roadside workers including maintenance workers,
Corporate Services
utility workers, police, fire, ambulance, tow trucks, Commercial Vehicle
Safety Enforcement personnel, land surveyors, animal control workers,
garbage collectors and other roadside workers;
And whereas the BC Slow Down Move Over law simplifies the
messaging to all residents by requiring motorists to adhere to the
requirements for all vehicles stopped alongside the road that have
flashing red, blue or yellow lights;
And whereas 30 US states have established 'Slow Down Move Over'
laws providing protections for waste collection workers;
And whereas multiple Associations such as the Ontario Waste
Management Association, the Ontario Road Builders' Association and
the Ontario Good Roads Association have advocated for amendments to
Ontario's Highway Traffic Act to include all roadside workers;
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
Page 51
Page 2 of 2
Now therefore it be resolved that the Region of Durham calls on the
Provincial government to promptly amend the Highway Traffic Act, like
the Government of British Columbia already has, to provide the same
protections to all roadside workers including waste collection workers.
And that a copy of this resolution be sent to:
• Hon Caroline Mulroney - Minister of Transportation - Ontario Ministry
of Transportation
• Durham MPP's
• Association of Municipalities of Ontario (AMO)
• All Durham Local Municipalities
• The Ontario Waste Management Association."
Alexander Harras,
Director of Legislative Services & Regional Clerk
AH/sc
c: J. Presta, Commissioner of Works
Hon Caroline Mulroney, Minister of Transportation
Durham MPPs
Association of Municipalities of Ontario (AMO)
All Durham Local Municipalities
The Ontario Waste Management Association
Page 52
December 21, 2022
The Honourable David Piccini
Li
Minister of the Environment, Conservation and Parks
5th Floor
777 Bay St.
Toronto, ON M51B 2117
Dear Minister Piccini,
The Regional
Municipality
of Durham
RE: Resolution regarding the Need for an Administrative
Penalties Regulation under the Resource Recovery and
Corporate Services
Department —
Circular Econom Act RRCEA E00
y
Legislative Services
Division
Council of the Region of Durham, at its meeting held on December 21,
605 Rossland Rd. E.
2022, adopted the following recommendations of the Works Committee:
Level 1
PO Box 623
Whitby, ON L1N 6A3
"Whereas Municipal governments support the Province's implementation of
Canada
outcomes -based policies to move responsibility for end -of -life management
of designated products and packaging to producers who are the most able
905-668-7711
1-800-372-1102
to affect system change;
durham.ca
And whereas these policies can improve environmental outcomes, provide
new jobs and grow Ontario's economy;
Barb Goodwin
MPA, CPA/CGA,
BComm, CPM,
And whereas outcomes -based policies require clear consequences for non-
C
Commissioner of
p com Nance that can be administered in an effective and efficient manner;
Corporate Services
And whereas Administrative penalties are a cost-effective tool for the
regulator to hold polluters accountable, so there is less burden on the courts
and taxpayers;
And whereas the Resource Productivity and Recovery Authority does not
have Administrative Penalties which is impacting the ability of the regulator
to ensure compliance with the regulations under the Resource Recovery and
Circular Economy Act, 2016;
And whereas data provided by Resource Productivity and Recovery
Authority shows there is a currently a backlog of over 2,000 cases of
potential non-compliance and almost 200 known instances of non-
compliance;
And whereas the Resource Productivity and Recovery Authority has found
battery producers non -compliant for collection accessibility and processing;
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
Page 53
Page 2 of 2
And whereas the largest waste diversion program, the Blue Box, sees the
first communities transition in a few months, ensuring the Regulator has
appropriate enforcement tools to ensure servicing and outcomes are met is
critical for a smooth transition for Ontarians;
Now therefore it be resolved that the Regional Municipality of Durham calls
on the Provincial government to promptly pass an Administrative Penalties
regulation under the Resource Recovery and Circular Economy Act, 2016;
And that a copy of this resolution be sent to:
• Durham MPP's
• Association of Municipalities of Ontario (AMO)
• All Durham Local Municipalities
• The Ontario Waste Management Association."
Alexander Harras,
Director of Legislative Services & Regional Clerk
AH/sc
c: J. Presta, Commissioner of Works
Association of Municipalities of Ontario (AMO)
All Durham Local Municipalities
Durham MPPs
The Ontario Waste Management Association
Page 54
THIS LETTER HAS BEEN FORWARDED
TO THE EIGHT AREA CLERKS
December 22, 2022
June Gallagher
Clerk
- Municipality of Clarington
• 40 Temperance Street
Bowmanville, ON L1 C 3A6
The Regional Dear Ms. Gallagher:
Municipality of
Durham RE: 2023 Interim Regional Property Tax Levy, Our File: F33
Corporate Services
Department — Council of the Region of Durham, at its meeting held on December 21, 2022,
Legislative Services adopted the following recommendations of the Finance and Administration
Division Committee:
605 Rossland Rd. E.
"A)
That a 2023 interim regional property tax levy be imposed on the
Level 1
lower -tier municipalities for all property tax classes; and
PO Box 623
Whitby, ON L1 N 6A3
B)
That the amount due from each lower -tier municipality is estimated to
Canada
be equivalent to 50% of their respective share of the regional
905-668-7711
property taxes collected in 2022; and
1-800-372-1102
C)
That the 2023 interim regional property tax levy be paid by the lower-
durham.ca
tier municipalities seven days subsequent to the instalment due
dates established by each lower -tier municipality for the collection of
Barb Goodwin
MPA, CPA/CGA,
their respective interim municipal property taxes; and
B.Comm, CPM,
CMMIII
D)
That the Regional Clerk be requested to advise the lower -tier
Commissioner of
municipalities of the imposition of the 2023 interim regional property
Corporate Services tax levy for all property tax classes; and
E) That approval be granted for the requisite by-law.
Please find enclosed a copy of Report #2022-F-21 and By-law No. 54-
2022 for your information.
Alexander Harras
Director of Legislative Services & Regional Clerk
AH/nb
Attachment
c: N. Taylor, Commissioner of Finance
If you require this information in an accessible format, please contact Eamonn.Rodgers _durham.ca or call 1-
800-372-1102 ext. 3677.
Page 55
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2304
The Regional Municipality of Durham
Report
To: Finance and Administration Committee
From: Commissioner of Finance
Report: #2022-F-21
Date: December 13, 2022
Subject:
2023 Interim Regional Property Tax
Recommendation:
That the Finance and Administration Committee recommends to Regional Council:
A) That a 2023 interim regional property tax levy be imposed on the lower -tier
municipalities for all property tax classes;
B) That the amount due from each lower -tier municipality is estimated to be equivalent
to 50% of their respective share of the regional property taxes collected in 2022;
C) That the 2023 interim regional property tax levy be paid by the lower -tier
municipalities seven days subsequent to the instalment due dates established by
each lower -tier municipality for the collection of their respective interim municipal
property taxes;
D) That the Regional Clerk be requested to advise the lower -tier municipalities of the
imposition of the 2023 interim regional property tax levy for all property tax classes;
and,
E) That approval be granted for the requisite by-law.
Report:
1. Purpose
1.1 The purpose of this report is to seek authorization for the 2023 interim regional
property tax levy in advance of the approval of the 2023 Business Plans and
Budgets.
Page 56
Report #2022-F-21
2. Previous Reports and Decisions
Paae2of3
2.1 In accordance with legislative requirements, Staff seeks approval annually for an
interim regional property tax levy in advance of the approval of the current year
Business Plans and Budget. The 2022 report (Report 2021-F-33) was presented
on December 14, 2021.
3. Background
3.1 Section 316 (1) of the Municipal Act, 2001 as amended provides that an upper -tier
municipality may requisition, prior to the adoption of the final budget, from each
lower -tier municipality, an amount not exceeding 50% of the prior year's final
requisition adjusted for deferrals, cancellations or other relief.
3.2 A by-law adopted by an upper -tier municipality may require that sums requisitioned
as an interim levy are to be remitted to the upper -tier municipality on specific dates.
4. Payments by the Lower -Tier Municipalities
4.1 Attachment #1 provides an estimate of the 2023 interim regional property tax levy
by each lower -tier municipality payable to the Region, based on 50% of the regional
property taxes requisitioned in 2022.
4.2 In order that the lower -tier municipalities do not experience cash shortages, it is
recommended that the interim amounts owing to the Region for 2023 be due seven
days subsequent to the due dates for payment of property taxes by individual
property owners as established by each lower -tier municipality.
5. Relationship to Strategic Plan
5.1 This report aligns with/addresses the following strategic goals and priorities in the
Durham Region Strategic Plan:
a. Goal 5.1 Service Excellence — to provide exceptional value to Durham
taxpayers through responsive, effective and financially sustainable service
delivery.
6. Conclusion
6.1 The 2023 interim regional property tax levy is consistent with 2022 and is in line
with the best practices of other regional jurisdictions.
7. Attachments
7.1 Attachment #1: Estimate of 2023 Regional Interim Property Tax Levies
Page 57
Report #2022-F-21
Respectfully submitted,
Original Signed By
Nancy Taylor, BBA, CPA, CA
Commissioner of Finance
Recommended for Presentation to Committee
Original Signed By
Elaine C. Baxter-Trahair
Chief Administrative Officer
Paae3of3
Page 58
Attachment #1
Schedule 1
The Regional Municipality of Durham
Estimate of 2023 Regional Interim Property Tax Levies
($,000's)
Oshawa
Pickering
Ajax
Clarington
Whitby
Brock
Scugog
Uxbridge
Total
First(1st) Installment 39,333
33,276
33,865
24,745
41,001
3,185
6,806
7,837
190,048
Second (2nd) Installment 39,333
33,276
33,865
24,745
41,001
3,185
6,806
7,837
190,048
Total of Installments 78,666 66,552 67,730 49,490 82,002 6,370 13,612 15,674 380,096
Note:
(1) Includes General, Transit and Solid Waste Management Purposes.
(2) Excludes 2022 Supplemental or Omitted Billings and 2022 Municipal Property Assessment Corporation (MPAC) Requests for
Reconsiderations decisions and Assessment Review Board (ARB) decisions.
Page 59
Authority: Report #2022-F-21
By-law Number 54-2022
of The Regional Municipality of Durham
Being a by-law to requisition, on an interim basis, from the lower -tier municipalities before
the adoption of the 2023 Regional estimates, a sum equal to fifty percent of the taxes
requisitioned for Regional purposes made by the Regional Council against the lower -tier
municipalities for all property classes in the year 2022.
Whereas subsection 316(1) of the Municipal Act, 2001, S.O. c 25, as amended (the "Act")
provides that Regional Council, before the adoption of the estimates for a year, may by by-
law requisition a sum from each lower -tier municipality not exceeding the prescribed
percentage (or fifty percent if no percentage is prescribed) of the amount that, in the
Regional rating by-law for the previous year, was estimated to be raised in the particular
lower -tier municipality.
And Whereas subsection 316(2) of the Act provides that a by-law passed under subsection
316(1) may require specified portions of the sum to be paid to the treasurer of the upper -
tier municipality on or before specified dates.
Now therefore, the Council of The Regional Municipality of Durham hereby enacts as
follows:
1. In the year 2023, before the adoption of the estimates for the year 2023, a requisition
be and the same is hereby made against each of the lower -tier municipalities of a
sum not exceeding fifty percent of the taxes requisitioned for Regional purposes
made by the Regional Council against that lower -tier municipality in the year 2022.
The estimate of 2023 interim property tax levies is set out on Schedule 1 hereto
forming part of this by-law.
2. The amounts of any requisitions made under paragraph 1 of this by-law shall be
deducted from the amounts to be paid by the lower -tier municipalities to the Region
under the Regional rating by-law for the year 2023.
3. The date for payment of the sums requisitioned under this by-law shall be seven days
subsequent to the instalment due dates established by each lower -tier municipality for
the collection of their respective interim municipal property taxes.
4. All sums shall be made payable to the Regional Municipality of Durham and shall be
paid to the Regional Treasurer.
This By-law Read and Passed on the 21St day of December 2022.
J. Henry, Regional Chair and CEO
A. Harras, Regional Clerk
Page 60
Schedule 1
The Regional Municipality of Durham
Estimate of 2023 Regional Interim Property Tax Levies
($,000'5)
Oshawa
Pickering
Ajax
Clarington
Whitby
Brock
Scugog
Uxbridge
Total
First(1st)Installment 39,333
33,276
33,865
24,745
41,001
3,185
6,806
7,837
190,048
Second (2nd) Installment 39,333
33,276
33,865
24,745
41,001
3,185
6,806
7,837
190,048
Total of Installments 78,666 66,552 67,730 49,490 82,002 6,370 13,612 15,674 380,096
N ote:
(1) Includes General, Transit and Solid Waste Management Purposes.
(2) Excludes 2022 Supplemental or Omitted Billings and 2022 Municipal Property Assessment Corporation (MPAC) Requests for
Reconsiderations decisions and Assessment Review Board (ARB) decisions.
Page 61
-tesollution
Council Meeting
'IA
Resolution Re: Natural Gas Prices
Wednesday, December 14, 2022
Moved by J. Flieler
Seconded by J. DeMarsh
WHEREAS the price of natural gas is critical to the day-to-day cost of living for many residents of
Ontario;
AND WHEREAS the price of natural gas plays a large role in establishing a competitive business
climate;
AND WHEREAS some residents in Ontario consistently experience higher natural gas bills that are a
result of transporting fuel and forecasted pricing models;
AND WHEREAS the Ontario Energy Board (OEB) has the authority to regulate natural gas prices;
NOW THEREFORE BE IT RESOLVED that the Council for the Municipality of Tweed hereby petitions
the Ontario Energy Board to regulate natural gas bill costs to levels that are affordable and profitable as
i jurisdictions within Ontario that have lower costs;
AND FURTHER, that Council directs the Cleric to ensure that a copy of this Resolution be provided to
the Premier of Ontario, the Minister of Energy, all Ontario Municipalities (for support), the Ontario
Energy Board, Enbridge Gas Inc., and the Association of Municipalities of Ontario (AMO);
AND FURTHER, that all Resolutions of support received by the Municipality of Tweed be submitted to
the Ontario Energy Board (OEB) and Enbridge Gas Inc.
Mayor
Carried
Page 62
Ministry of Municipal Ministere des Affaires
Affairs and Housing Municipales et du Logement
Office of the Minister
Bureau du ministre 7FO�
777 Bay Street, 17t^ Floor of,ta,io
Toronto ON M7A 2J3 777, rue Bay, 17e etage
Tel.: 416 585-7000 Toronto ON M7A 2J3
Tel.: 416 585-7000
December 16, 2022
Dear Head of Council, Municipal Chief Executive Officer and Clerk, and AMO Staff
Re: Greenbelt Amendments and Revocation of the Central Pickering Development Plan and
O. Reg. 154/03
The government is committed to taking bold action to address Ontario's housing supply crisis by
building 1.5 million homes over the next 10 years.
That is why the government has taken further action to support this goal by making changes to the
Greenbelt and revoking the Central Pickering Development Plan and the associated Minister's
Zoning Order (O. Reg. 154/03) to help build at least 50,000 new homes, while leading to an overall
expansion of the Greenbelt by approximately 2,000 acres.
Further to the letters sent on Nov 4, 2022 regarding proposed amendments to the Greenbelt and the
letter on October 25, 2022 regarding the proposed revocation of the CPDP, I am writing to provide
an update that the government has approved Amendment No. 3 to the Greenbelt Plan (by OIC
1745/2022), amended the Greenbelt Area boundary (O. Reg. 59/05), and revoked the Central
Pickering Development Plan (by OIC 1746/2022). The amendments were approved as proposed
without modifications.
As Minister, I approved the related amendments to the Oak Ridges Moraine Conservation Plan (O.
Reg. 140/02) and revoked the Central Pickering Development Planning Area and the related
Minister's Zoning Order (O. Reg. 154/03).
Information on the Greenbelt Area boundary regulation, and the Oak Ridges Moraine Conservation
Plan, and the revocation of the Central Pickering Development Plan and Minister's Zoning Order can
be found at:
• Designation of Greenbelt Area (O. Reg. 567/22) -
https://www.ontario.ca/laws/regulation/r22567
• Oak Ridges Moraine Conservation Plan (O. Reg. 568/22) -
https://www.ontario.ca/laws/regulation/r22568
• Zoning Area - Regional Municipality of Durham, Part of The City of Pickering (O. Reg.
566/22) - https://www.ontario.ca/laws/regulation/r22566
Further details on these changes, including updated mapping, will be available online soon.
Page 63
Thank you to those municipalities who provided feedback. The province looks forward to continued
collaboration with municipal partners to get more homes built faster.
Sincerely,
Steve Clark
Minister
C. Kate Manson -Smith, Deputy Minister, Municipal Affairs and Housing
Sean Fraser, Assistant Deputy Minister, Municipal Affairs and Housing, Planning
and Growth Division
Hannah Evans, Assistant Deputy Minister, Municipal Services Division
Page 64
GANARASKA REGION CONSERVATION AUTHORITY
MINUTES OF THE BOARD OF DIRECTORS
November 17, 2022 (via Zoom)
GRCA 06/22
1. Welcome, Land Acknowledgement and Call to Order
The Chair called the Ganaraska Region Conservation Authority (GRCA) Board of
Directors meeting to order at 7:15 p.m.
MEMBERS PRESENT: Mark Lovshin, Chair - Township of Hamilton
Nicole Beatty - Town of Cobourg
Tm Belch - Township of Cavan Monaghan
Greg Booth - Township of Alnwick/Haldimand
Bruce Buttar - Agricultural Sector
Vicki Mink - Municipality of Port Hope
Tracy Richardson - City of Kawartha Lakes
Margaret Zwart - Municipality of Clarington
ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer
Cory Harris, Watershed Services Coordinator
Ken Thajer, Planning and Regulations Coordinator
Pam Lancaster, Conservation Lands Coordinator
Gus Saurer, Forester
Ed Van Osch, Forest Recreation Technician
Members of the Public
ABSENT WITH
REGRETS:
ALSO ABSENT:
Land Acknowledaement
Brian Darling - Town of Cobourg
Jeff Lees, Vice -Chair - Municipality of Port Hope
Joe Neal - Municipality of Clarington
The Ganaraska Region Conservation Authority respectfully acknowledges that the land
on which we gather is situated within the traditional and treaty territory of the
Mississauga's and Chippewa's of the Anishinabek, known today as the Williams
Treaties First Nations. Our work on these lands acknowledges their resilience and their
longstanding contribution to the area. We are thankful for the opportunity to live, learn
and share with mutual respect and appreciation.
Page 65
Minutes GRCA Board of Directors 05/22 Page 2
2. Disclosure of Pecuniary Interest
None.
3. Minutes of Last Meeting
GRCA 48/22
MOVED BY: Vicki Mink
SECONDED BY: Greg Booth
THAT the Ganaraska Region Conservation Authority approve the minutes of the October
20, 2022 meeting.
CARRIED.
4. Adoption of the Agenda
GRCA 49/22
MOVED BY: Tracy Richardson
SECONDED BY: Nicole Beatty
THAT the Ganaraska Region Conservation Authority adopt the agenda.
CARRIED.
5. Delegations
None
6. Presentations
a) Ganaraska Forest Update
The CAO/Secretary-Treasurer provided the Board of Directors a brief statement with
regards to miscommunication that being circulated with municipalities with regards to the
staff work plan as well as budget items. Staff provided an update on the continued
recovery effort in the Ganaraska Forest and the extension or refund options available for
the membership program.
GRCA 50/22
MOVED BY: Bruce Buttar
SECONDED BY: Vicki Mink
THAT the Ganaraska Region Conservation Authority receive the Ganaraska Forest
Update presentation for information.
CARRIED.
b) Bill 23, The More Homes Built Faster Act, 2022
Staff provided information to the Board of Directors on Bill 23 and the significant changes
proposed that will impact both conservation authorities and municipalities and the way in
which land use planning is carried out within the province.
GRCA 51/22
MOVED BY: Greg Booth
SECONDED BY: Vicki Mink
Page 66
Minutes GRCA Board of Directors 05/22
Page 3
THAT the Ganaraska Region Conservation Authority receive the presentation regarding
Bill 23, The More Homes Built FasterAct, 2022 for information.
CARRIED.
7. Business Arising from Minutes
None.
8. Correspondence
a) 04/22 Eastern Ontario Conservation Authorities re: Loss of Local Decision -Making: Bill
23 Does Not Work for Eastern Ontario
G RCA 52/22
MOVED BY: Nicole Beatty
SECONDED BY: Vicki Mink
THAT the Ganaraska Region Conservation Authority endorse correspondence item 04/22.
9. Applications under Ontario Regulation 168/06:
Permits approved by Executive:
G RCA 53/22
MOVED BY:
SECONDED BY:
Margaret Zwart
Tracy Richardson
THAT the Board of Directors receive the permits for information.
CARRIED.
Permit Application requiring Ganaraska Region Conservation Authority Board of Directors
discussion:
None.
10. Committee Reports:
a) Ganaraska Forest Recreation Users Committee Minutes — November 3, 2022
Tracy Richardson provided an update of the November 3, 2022 Recreational Users
Committee meeting.
G RCA 54/22
MOVED BY:
SECONDED BY:
Tracy Robinson
Bruce Buttar
THAT the Ganaraska Forest Recreational Users Committee minutes of the November 1,
2022 meeting be received for information.
CARRIED.
Page 67
Minutes GRCA Board of Directors 05/22
Page 4
11. New Business:
a) Fee Policy and Schedules
G RCA 54/22
MOVED BY:
SECONDED BY:
Greg Booth
Tracy Robinson
THAT the Board of Directors approve the Fee Policy and Schedules effective December
1, 2022.
CARRIED.
12. Other Business
None.
13. In Camera:
None.
14. Adl'ourn
The meeting adjourned at 8:42 p.m.
G RCA 55/22
MOVED BY:
SECONDED BY:
Tracy Richardson
Vicki Mink
THAT the Board of Directors adjourn the meeting.
CARRIED.
CHAIR
CAO/SECRETARY-TREASURER
'�
KAWA RT H A
CONSERVATION
Discover • Protect • Restore
Page 69
Transition Plan: Progress Update
Introduction
The Conservation Authorities Act requires Conservation Authorities to prepare Transition Plans
outlining steps and timelines for the preparation of an Inventory of Program and Services and for the
development and execution of funding agreements between Kawartha Conservation and participating
municipalities.
Funding agreements are to be struck for programs and services that are not deemed to be provincially
mandatory core services outlined in the Conservation Authorities Act and associated regulations as
outlined in Regulation 687/21 "Transition Plans and Agreements for Programs and Services"
established under Section 21.1.2 of the Act.
A transition plan outlining steps to be taken to enter into agreements with participating municipalities
that share geography with our watershed jurisdiction and an inventory of programs and services were
completed. The City of Kawartha Lakes, Region of Durham (with representatives from its lower tier
municipalities: Township of Brock, Municipality of Clarington, Township of Scugog), Municipality of
Trent Lakes, and the Township of Cavan Monaghan are participating municipalities. Specified
Municipalities are also being consulted during this transition period to keep abreast of the changes to
the Conservation Authorities Act and transition, as recently released regulations identify the source
protection program and service level agreements may exist with one or more of these municipalities.
This report is produced for the Ministry of Natural Resources and Forestry as per 0. Reg. 687/21.
Note: The province aligned ministry portfolios recently, which shifted the Ministry responsible for Conservation Authorities;
previously progress reports were submitted to the Ministry of the Environment, Conservation and Parks and future reports
will be submitted to the Ministry of Natural Resources and Forestry.
Timelines and Deliverables
Inventory of Interim Reporting Transition Final
Transition Plan Programs & MOU/ Agreements Report
Dec 31, 2021 Services (6 quarterly Jan 1, 2024
Feb 28, 2022 intervals) Jan 31, 2024
Transition Plan
This Transition Plan was required to be completed by December 31, 2021, and distributed to member
municipalities, the Ministry and made publicly available. This was approved on November 2511, 2021
and distributed per regulatory requirements by December 101", 2021 (see Transition Plan).
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Inventory of Programs and Services
An inventory of program and services was to be prepared and circulated to participating municipalities
by February 28, 2022. This was approved by the board on February 24, 2022, and distributed per
regulatory requirements by February 28t", 2022 (see Inventory of Programs and Services).
The inventory of programs and services will be classified as: mandatory, performed on behalf of a
municipality, or determined for consideration of funding to municipalities. These categories are further
identified in Section 21 of the Conservation Authorities Act.
The inventory included an estimate of the annual cost of the service, sources of funding and the
percentage attributed to each funding source, and may be refined as agreements are worked on, until
January 1, 2024. Refinements are to be brought forward through the progress reports to the Ministry.
Municipal Agreements
Agreements will be required to be in place by January 1, 2024, with participating municipalities for
non -mandatory programs and services where municipal funds are required. An option to extend this
timeline from the Ministry can be applied for no later than October 1, 2023, with supplied rationale.
We note with the passing of Bill 23, our existing agreements with municipalities will need to be
revisited and changed.
Interim and Final Reporting
Interim reporting will be required to be submitted to the Ministry on a quarterly basis starting July 1,
2022, outlining progress on the development of municipal agreements and any changes in the
inventory of programs and services. Future progress reports are required by January 1, 2023, April 1,
2023, July 1, 2023, and October 1, 2023.
A final report is due to the Ministry on January 31, 2024, confirming that agreements are in place, and
forwarding the final inventory of programs and services.
Progress Reports
Progress Report #1
Per subsection 7 (3) of the
Jul 1, 2022
regulation
Progress Report #2
Per subsection 7 (3) of the
Oct 1, 2022
regulation
Progress Report #3
Per subsection 7 (3) of the
Jan 1, 2023
regulation
Progress Report #4
Per subsection 7 (3) of the
Apr 1, 2023
regulation
Progress Report #5
Per subsection 7 (3) of the
Jul 1, 2023
regulation
Progress Report #6
Per subsection 7 (3) of the
Oct 1, 2023
regulation
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Final Report
Per subsection 9 of the regulation I Jan 31, 2024
Progress Update
The following outlines the progress on the development of cost apportioning agreements with partner
municipalities, in accordance with the legislative requirements outlined in O. Reg. 687/21 (Transition
Plans and Agreements for programs and Services under Section 21.1.2 of the Act), specifically 5.7.(3).
Section 21.1.2 in the regulation is specific to the "Other programs and services" offered by a
Conservation Authority.
Summary of any comments or other feedback on the inventory submitted by a
municipality:
No additional comments or other feedback on the inventory were noted by municipalities in this
reporting period.
The specificity of mandatory programs provided in the Conservation Authorities Act, and the detail
required in the inventory to account for this specificity has resulted in some confusion over programs
which are generally seen to be one program area traditionally.
Additional follow up will occur during the transition period, and where required, the inventory will be
updated.
Changes made to the inventory to address municipal comments:
There have been no changes made to the inventory at this time. Upon further discussion with
municipalities, any changes made to the inventory will be reflected on future progress reports.
At this time, an understanding of differences between neighbouring Conservation Authority
inventories is being conducted by some municipalities as a first step to better understanding the
programs and services offered, which vary in their scope and detail based on the factors influencing
the resourcing of programs/services, funding sources and physical opportunities/constraints
surrounding the programs and services. In some cases, these programs differ from where other
inventories are categorized. No changes to the inventory have been requested at this time.
Update on progress towards negotiating cost apportioning agreements with your
participating municipalities:
We are in the early stages of discussions around cost apportioning agreements and focused efforts to
consult on the inventory of programs and services with municipalities.
Staff have had initial meetings with the Municipality of Trent Lakes (June 9t"), Municipality of
Clarington (June 27th), Township of Brock (June 29th), City of Kawartha Lakes (July 18th) and Region of
Durham (July 21St), to discuss the inventory and initiate discussions regarding cost apportioning
agreements and next steps.
Conceptually, there is general agreement that the programs and services that a participating
municipality may benefit from be captured in a general agreement with more specific agreements
flowing from it. Major content of these agreements would need to be agreed upon by July 2023 to
enable the development of a conservation authority budget in 2024 that conforms to the Conservation
Authorities Act.
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Meetings have also been held with the Municipality of Highlands East and Township of Minden Hills
(September 23rd), who are specified municipalities serviced through our Drinking Water Source
Protection area. The source protection program is a mandatory program as outlined in the
Conservation Authorities Act and complementary regulations. No cost apportioning agreements will be
required with specified municipalities.
The transition plan will be updated based on the outcome of these meetings and updates provided at
future meetings of the Board.
Outline of any difficulties experienced that might impact the ability to conclude cost
apportioning agreements by transition date:
Optimal timelines to enter into cost apportioning agreements have been discussed in meeting with
participating municipalities. Early indications continue to suggest that the timelines are ambitious, and
in most cases apportioning agreements may be struck by the transition date of January 1, 2024,
although we note that this was prior to the extensive changes introduced as part of Bill 23 to the
Conservation Authorities Act and the Planning Act, which not only affects our existing agreements with
municipalities, but also affects the municipalities themselves. Discussions regarding the impact of Bill
23 in the completion of apportionment agreements will occur in the new year. The Region of Durham
has indicated that the timelines may not be feasible to allow for the process of establishing
agreements to be developed, agreed upon and endorsed; an extension may be required. We duly note
that Bill 109 significantly impacts the Region of Durham and attention to apportioning agreements may
be lesser priorities as significant work will be required by the Region to address the changes to their
municipality. The planning department is the department responsible for the Conservation Authorities
as part of their portfolio.
We also note that our resources have been focused on achieving other transitional deliverables
required by the Conservation Authorities Act as well as deployment of internal resources to delivering
mandatory program and service areas for which there has been a labour shortfall. This has directly
impacted the development of cost apportioning agreements. Further, attention has been focused on
preparation of budgets, understanding Bill 23, and orientation for new Board members.
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