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HomeMy WebLinkAboutPD-43-88 DN: 43-88 TOWN OF NEWCASTLE . %' REPORT File # ' 'Res. = - By Law # MEETING: General Purpose and Administration Committee DATE: Monday, February 15, 1988 REPORT #: PD-43-88 FILE #: 18CDM-87-014 and DEV 86-75 SUBJECT: PROPOSED PLAN OF CONDOMINIUM DONDEB CONSTRUCTION LIMITED FORMER TOWN OF BOWMANVILLE, NOW IN THE TOWN OF NEWCASTLE OUR FILES: 18CDM-87-014 and DEV 86-75 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-43-88 be received; and 2. THAT Staff Report PD-3-88 be lifted from the table and the recommendations contained therein approved; and 3. THAT the Regional Municipality of Durham be advised that the Town of Newcastle does not consider the subject application to be a condominium conversion for the purposes of the Regional Official Plan. BACKGROUND AND COMMENTS: At the General Purpose and Administration Committee meeting of January 4, 1988, the Committee considered Staff Report PD-3-88 (copy attached) , in respect of a proposed Plan of Condominium for an apartment building, located at Baseline and Liberty Streets in the Bowmanville Major Urban Area, presently under construction by Dondeb Construction Limited. Following discussion of the subject application, the Staff Report was referred back to Staff for review with a request that the applicant and a representative of the Durham Regional Planning Department be asked to attend, at a Committee Meeting, to discuss the situation with respect to rental housing in Durham Region. Following therefrom, Staff arranged to have Dr. Michael, the . . .2 V M) REPORT NO. : PD-43-88 PAGE 2 ------------------------------------------------------------------------------- Commissioner of Planning, and Mr. Mel Dancy, the applicant, attend at the General Purpose and Administration Committee Meeting of February 1, 1988. Following their presentations, Staff Report PD-3-88 was tabled for a further two (2) week period. For the benefit of the Members of Council that were not present at the February 1, 1988 meeting, Staff would summarize the situation as follows. The subject site is zoned to permit an apartment development and Zoning By-laws do not deal with the issue of tenure. The applicant has indicated that, while he has applied for condominium approval, it is still his intention to rent the units out and that part of the rationale for obtaining a condominium approval is to enhance the market value of the property and simplify financing arrangements. During the course of discussions with Town Staff, in processing the previous amendment to the Zoning By-law to increase the number of units from 117 to 121 and adjust sideyards, and also during the consideration of the site plan application, Town Staff were advised, by Mr. Dancy, that it was his intention to apply for condominium approval, but that he would be renting the units out even if such approval were granted. Accordingly, Staff incorporated within the Development Agreement, a provision covering the Town's usual condominium requirements relative to the payment of Cash-in-lieu of Parkland Dedication. Mr. Dancy was also advised that, owing to existing Regional Official Plan policies, there would be merit in making early application for condominium approval and that he should do so prior to issuance of any building permit. Upon this advice, Mr. Dancy advised that he had attended at the Region's office in an effort to submit a condominium application and that such application was refused due to a lack of detailed drawings. Mr. Dancy has submitted to us a Declaration to this effect, inasmuch as there appears to be some dispute as to whether or not the Region was aware of Mr. Dancy's intentions prior to issuance of a building permit. A copy of this Declaration is attached for the Committee's information. 3 ' REPORT N0. : PD-43-88 PAGE ] _______________________________________________________________________________ It is Staff's interpretation of Council's aoLinuo that there were two issues to be considered. The first being, whether or not this building was intended to be o rental, and the second being, whether or not there were any legislative restrictions upon the Town in considering a condominium application. Staff can understand bow there can be confusion with respect to the first issue ioaamUob as the applicant has indicated his intention to rent the units albeit be does desire to have condominium approval granted. With respect to the second issue, Staff had contacted Mrs. Susan Taylucr, the Co-ordinator of the Rental Housing Protection Program for the Ministry of Housing, and were advised verbally that their legislation would not apply iuoomuob as rental occupancy had not taken plane prior to an application for condominium approval being submitted. The issue now seems to be one of a more local consideration and that is the Regional policy for condominium development. As pointed out by the Commissioner of DIaouiug at the meeting of February I, 1988, the Region of Durham adopted a policy, in September of I979, specifying that, once m building permit had been issued for any apartment project of three (3) or more units, which was not subject to a prior condominium agreement, that the project would be considered rental. Dc. Michael also indicated that be would be willing to consider this application outside of the policy it, in Council's determination, ' this was not a conversion, bearing in mind the existing Site Plan Agreement which recognizes that a condominium application was a possibility. Staff note that the only point in time when the issue of rental vecooa condominium should come into play is at such point as o formal condominium application is considered. Any application for site plan approval or previous rezoning was not considered on the issue of tenure, but on the issue of the appropriateness of the use of the property for on apartment building. Such approval was granted prior to the present owners acquiring the property and Staff are unable to specify what the DciVc owners intentions may have been with this property. . . .4 '*_ REPORT 0D. : PD-43-88 PAGE 4 _______________________________________________________________________________ As far as Staff are muooecued, an application for condominium approval has always been a possibility, as it is in the case of any apartment or townhouse project, and our actions have been aimed at ensuring that the municipality's standard zeqoicmneuta are met should a condominium application be proceeded with and ultimately approved. Staff would also note that the building permit application specifies the proposed use as a residential apartment building. Again, no reference to tenure is made and, in fact, the design of the building provides for its eventual separation into condominium units. It is important to note that the term apartment refers to a type of dwelling unit not tenure and an apartment can be either rental or condominium. Apartment should not be construed as being a20000moo with rental. By memorandum of January 37' 1988 (copy attached) , Staff indicated that the key to this issue would be definition of the term "existing". If Council considers this building to be an "existing" rental building, then it is subject to the Region's policy with respect to condominium ouuvecoioua and, accordingly, could out be considered for approval. If, in Council's determination, the Province's interpretation of the term "existing" should be utilized" that is "existing" when rental occupancy occurs, then we would suggest that this is not an "existing" rental building and a condominium application can be considered. ( Since the Provincial legislation is more recent than the Regional Policy, Staff prefer the provincial determination and are of the opinion that this is not an "existing" rental building and should be processed in accordance with the application for condominium approval. If Council is in agreement with this interpretation, then it would be appropriate to deal with the recommendation contained in Staff Report PD-3-88 and to forward to the Region of Durham, a specific resolution in respect of same. Respectf itted, Recommended for presentation c c--�--- ee �u� � -- e -- --- ---------- T.T. Edwards, M.C^Z.P. �v otoetf Director of Planning Chief Adni tcative officer TTB* 'iD *Attach. February 5, 1988 �ttnttDtt �n #hQtt##p>r n Apartment Condominium PROVINCE OF ONTARIO Project, Liberty and Baseline, Bowmanville, The Corporation of the Town of Newcastle; TO WIT: I, Melvin Dancy, of the Township of King in the Regional Municipality of York, do solemnly declare that 1. I am the President of Dondeb Construction Co. Limited. 2. A multiple residential building is currently being constructed on the above noted property, which is owned by Dondeb Construction Co. Limited. This building was erected pursuant to a building permit issued by The Corporation of the Town of Newcastle. 3. Prior to this building permit issued I had formed the intention to construct the building as a condominium notwithstanding the fact that I had also intended that all of the dwelling units would be rented out by me. 4. The reasons for this were, among other things, that I felt that the value of the building would be higher if it were a condominium and, as a result, it would be easier for me to obtain financing approval. 5. Prior to completion of my purchase of this property I felt that I should inquire as to the availability of municipal services. With this in mind, I inquired at the Engineering Department of the Region of Durham and met with Messrs. Crawford, Thomson and Ogden. During this meeting I advised these gentlemen that I intended to build a Condominium Apartment project. I asked if this made any difference to servicing requirements and I was advised that it did not. I also asked this group if there were anything else that I would have to do to further the Condominium proposal (although I do not remember my exact words) and I was advised that there was nothing else I should do - all I should do was pick up the application form from Mr. Wu. 6. Sometime after this meeting I meet with Mr. Terry Edwards of the Town of Newcastle Planning Department and he advised me that the Condominium Application was quite important and that I should investigate further as quickly as possible. 7. I then went to the Durham Region Offices and attempted to speak with Mr. Wu but I was advised that he was not available. I spoke with a man at the front counter about the condominium Application and he advised me that he would not be able to accept the Application without certain engineering drawings, site plans and technical information which I did not have. 8. Sometime later I spoke with Mr. Frank Wu and he made similar comments to me - that he could not accept my Condominium Application until I had engineering and other drawings. 9. These plans were ordered by me shortly after speaking with Mr. Wu. I was advised by my Surveyor, Merle Brown, that he was extremely busy and the plans were not, in fact, made available to me sometime in November, at which time I immediately submitted my Condominium Application. Even at that time I was under the impression that I was doing what was required of me. 10. During all of the various discussions with regional officials nothing was ever said to me at any time about Declarations of Intention, Condominium Agreements or Pre-Building Permit Agreements. The first I ever heard of such documents was on January 17, 1988, in meetings with Durham Regional officials. AND I make this solemn Declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act. DECLARED before me at the Town ) of Newcastle, in the Region of ) Y Durham, this 1st day of February, ) Melvin Dancy 1988. (��.�_c �,cc.0-� ) A Commissioner, etc. VC CONDOMINIUM POLICIES REGIONAL MUNICIPALITY OF DURHAM PLANNING DEPARTMENT 105 Consumers Drive Council Approved: Whitby, Ontario September 19 , 1979 These policies are the result of Commissioner's' Reports No. 30-76 and 79-205 and Council resolutions dated February 9 , 1977 and September 19, 1979. 1. HOUSING MIX IN DURHAM 1 . 1 That Regional Council, place high pkioA.ity on the p,tepaAation and .imptementation o4 a Reg.ionat Houz.ing Pot icy. A Reg.ionat Potiey would be .inempotated into tocat munic,ipat poticy. 2. CONVERSIONS 2 . 1 That no eonveAz.ionz be appAoved in the Region and that this pot icy be Aev,iewed on an annual basis . 2 . 2 That once a bu.itd.ing peAmit has been .issued AoA any townhouse ot apaAtment pro j eel o4 three oA mohe units , which were not subject to a pxioA Condominium Agkee- menc, the pAo jeet wilt be eons.idened tentat. Any ,subsequent application 4oa condominium tenure w.itt be eons ideAed an apptieation 4oA eonve&z ion and w,itt- be subject to the above po2.icy. 2 . 3 That in subdivision agreements where ceAtain blocks o6 .hand aAe dectaAed 6oA Condominium devetopment, that such an agreement ,i..nctude that the devetapeA . w,itt not enteAta.in any o 4 i eu to purchase o4 any units unx.it such time that he has obtained mun.icipat appAovat 4oA his condominium. 2 . 4 That the Region oU DuAham Aequest the PAov.inee that appropA.iate changes be made to Aetevant pro- v.inc.iat tegistation to permit: a) the municipatity to eonttot the tenuAe o4 .hand owneAship; b ) to Aequ.iAe bu.itd.ing peAm.it appt icat.ionz to indicate the tenure. 3. TENANT NOTIFICATION 3 . 1 That the Attorney Generat be requested to examine the po66ibitity o U requ,i&ing that the .length o U notiAieation time would be ,inereaAed in aAea6 with a preva,it ing .how vacancy Aate as determined by CenVAat Mortgage, and Housing . 4. CONSUMER AWARENESS 4. 1 That the Condominium Act be amended to requite that the agreement o4 Aate contain a cekti6icate that the purchaser has obtained tegat advice UAom an ,independent practicing Aot ic.itor. 5. INTERIM OCCUPANCY 5. 1 That the to cad m un.ic.ipat ity be encouraged to ,issue standard occupancy permits and to v,igorouzZy en6oree the requirements o6 the occupancy perm.itA in order to avoid probtems o A satiety and that the munic ipat ity be encouraged to .include in their Condominium Agreement that occupancy not be permitted pr.ioA to reg.istkat.ion. 5. 2 That Reg.ionat Coune.it Request that appropA.iate amendments be made to the Condominium Act to ensure that occupancy o4 ,ind.iv.iduat units occur, ont y a4ter Aeg.i,stration and that the Ministry o6 ConAumeA and Commere.iat Retations be Aso .in6oAmed. 6. PROBLEMS RELATED TO DESIGN STANDARDS 6 . 1 That the Zo eat area mun,ic.ipatit iez , in co nos uttat.io n with the Region, be eneou�Laged to eAtabUsh a set o4 design Atandard6 which would .include provisions: a) got the design o4 pn.ivate dnivewayb in condominium pno j e et6 that .include the n env,ice capacity o4 the dn.iveway outtining minimum widths , MengtU and at.ignment 4tandand and the UQ expectancy o4 the dAiveway. b ) that nequ.Cne4 condominium devetopmentA to be designed on nedeA igned to attow ganbage pick- up, poAKAy without enteAing pkivate pnopenty. e) that enzuneA utility tines be designed and tocated in common aneaz to a.2.2ow maximum aceezz ib,itity got inspection and maintenance punpoAeA with no ,intet4enenee to unit owne&A . d) that eveny condominium unit and common anea MU have .ind,iv,iduat waters and etectkic metenz . 7. BY-LAWS 7. 1 That the to cat munijipat ity and the condominium conponat.ion be eneounaged to enact appnopn,iate by-t= to deaf with pnoRem o4 pet eontnot and maize joint agneemenS got the en6oneement o4 these negutat.ionz . 8. PARKING 8. 1 That the toeat mun,ic.ipatity eonz iden a nev,iew o6 panh.ing UandanA in condominium devetopmentz and maize adjustments ,i6 neeeszany. 9. MANAGEMENT 9 . 1 The tocat mun.ic,ipatity be eneounaged to negutakty .inspect condominium devetopmenS in onden to enbonee its maintenance and occupancy b y-tawA . 14 such by-t= do not exist in the mun.ic,ipat,ity, 4pecil is by-.haws Ahoutd be pnepaned deating with the maintenance o4 condominium pnopenty. 9 . 2 That the Condominiun Act (Section 3 iih) be amended to hequi4e that the Condominium Conponation annuatty &eview the adequacy oU the 5% contingency Uund. 9 . 3 That the Condominium Act be amended to nequike that the Condominium Co Lponation advize the municipatity o4 the namez and addnes/s ens o4 thei& Boated o4 Di&ectoh,s annuatty. Bill 11 214D SESSION, 33RD LEGISLATURE, ONTARIO 35 ELIZABETH II, 1986 Bill 11 (Chapter 26 Statutes of Ontario, 1986) An Act respecting the Protection of Rental Housing The Hon. A. Curling Minister of Housing 1st Reading May 5th, 1986 2nd Reading July 3rd, 1986 3rd Reading July 10th, 1986 Royal Assent July 10th, 1986 Printed under authority of the Legislative Assembly by the ©Queen's Printer for Ontario --7V Otis. 8� i � Bill 11 1986 An Act respecting the Protection of Rental Housing HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act Definitions "co-operative" means a rental residential property other than a condominium, that is, (a) owned or leased or otherwise held by or on behalf of more than one person, where any owner or lessee has the right to present or future exclusive possession of a unit in the rental residential proper- ty, or (b) owned or leased or otherwise held by a corporation having more than one shareholder or member where any one of the shareholders or members, by reason of owning shares in or being a member of the corporation, has the right to present or future exclusive possession of a unit in the rental residen- tial property, but does not include a non-profit co-operative housing cor- j poration as defined in the Residential Tenancies Act; R.S.O. 1980, c. 482 "Minister" means the Minister of Housing; "municipality" means a city, town, village, improvement district or township; "regulations" means the regulations made under this Act; "rental residential property" means a building or related group of buildings containing one or more rental units but does not include a condominium; u / 2 Bill 11 RENTAL HOUSING PROTECTION 1986 "rental unit" means any living accommodation which is used as rented residential premises and includes a room in a boarding house or lodging house. Application 2. This Act applies to rental residential property, despite of Act any other Act and despite any agreement or waiver to the contrary. Exemption 3. This Act does not apply to a rental residential property from Act exempted by the regulations or located in a municipality that is exempted by the regulations. Prohibition 4.—(1) No rental residential property, or part thereof, shall be,' (a) demolished; (b) converted to a condominium, co-operative, hotel, motel, tourist home, inn, apartment hotel, rooming house or any similar use, or any other use for a pur- pose other than rental residential property; (c) renovated or repaired if a tenant is in possession of a rental unit and vacant possession of the rental unit would be required or if the rental unit has been 4 vacant for less than one year; or 1983,e. 1 (d) severed under section 52 of the Planning Act, 1983, by any person unless the council of the municipality in which the property is located approves of such demolition, conver- sion, repair, renovation or severance. Power of (2) The council of a municipality, in respect of an approval council sought under clause (1) (b), shall, in place of the Minister, exercise the powers conferred on the Minister under section 3 R.S.O. 1980, 50 of the Condominium Act (approval or exemption of ' a 84 } descriptions). Prohibition 5.—(1) No person shall sell, lease for a term of twenty-one years or more, or enter into an agreement to sell or lease an k interest or share in a co-operative or in a corporation owning or leasing any interest in a co-operative unless the approval of the council of the municipality under subsection 4 (1) has first been obtained. Exemption (2) This section does not apply to the transfer of an interest re: transfer or share in a co-operative that is exempted by the regulations. f 1986 1986 RENTAL HOUSING PROTECTION Bill 11 3 on which is used (3) An agreement or conveyance entered into in contraven- Co nsequences _ICS a room in a tion of subsection (1) is void and any amount paid thereunder contravention is recoverable by the purchaser. property, despite (4) An instrument or notice respecting the sale, lease or Statement ur waiver to the agreement for sale of a share or interest in a co-operative may contain a statement by the vendor that an agreement or con- veyance does not contravene this section and such statement is ,idential property deemed to be sufficient proof that the agreement or convey- municipality that ance does not contravene this section. 6.—(1) No landlord shall serve a notice of termination on Prohibition respecting or part thereof, the grounds set out in section 107 of the Landlord and Tenant notices of Act unless the approval of the council of the municipality termination under subsection 4 (1) has first been obtained and a copy of R.S.O. 1980, c. 232 the certificate under subsection 7 (16) is attached to the notice. merative, hotel, (2) A notice of termination served in contravention of sub- Consequences of :o,1, rooming section (1) is of no effect. contravention t, use for a pur- operty; (3) Despite section 113 of the Landlord and Tenant Act, no Restriction re: writ of order for a writ of possession shall be issued by any court in possession in possession of respect of an application under section 107 of the said Act, if the rental unit notwithstanding that the notice of termination was served or I unit has been application made for a writ of possession prior to the coming into force of this Act, unless the approval of the council of the municipality under subsection 4 (1) has first been obtained by ning Act, 1983, the landlord. :ipality in which 7•—(1) An application for an approval under this Act shall for Application toliti ty convey- be made in writing to the clerk of the municipality and shall contain such information as may be prescribed by regulation. (2) Notice of the application shall be given by the owner of Notice to I of an approval the residential rental property to each tenant of a rental unit tenants >f the Minister, in the rental residential property within five days of the a pp 11 * ter section cation being made. nption of (3) The council of the municipality may require an appli- Inspection report cant to cause an architect or a professional engineer to make a n of twenty-one physical inspection of the rental residential property and to sell or lease an make a report detailing the condition and structural safety of )oration owning the property or it may require that such an inspection be the approval of made and report prepared by its chief building official. n 4 (1) has first (4) For the purposes of an inspection under subsection (3), Entry for a person authorized to inspect a rental unit has the right to inspection ;r of an interest enter the rental unit during daylight hours upon written notice he regulations, to the tenant specifying the time of entry at least twenty-four 4 Bill I 1 RENTAL HOUSING PROTECTION 1986 /i hours before the time of entry, and a tenant shall permit the entry of such person during that time. Copy of (5) A copy of the report referred to in subsection (3) shall mat de be made available by the municipality for inspection by the available public. Power of (6) The council may approve the application with or with- council out such conditions as in its opinion are reasonable or reject the application but council shall not approve the application unless such criteria as are prescribed by the regulations are met. Information (7) Before considering an application under this section, and public meeting the council shall ensure that adequate information is made available to the public, and for this purpose shall hold at least one public meeting, notice of which shall be given in the man- ner and to the persons prescribed, for the purpose of inform- ing the public in respect of the application. c Time for (8) The meeting mentioned in subsection (7) shall be held meeting, j etc, not sooner than fifteen days after the requirements for the giving of notice have been complied-with and shall be open to the public, and any person who attends the meeting shall be afforded an opportunity to make representation in respect of the proposed application. Agreements (9) Every municipality may enter into agreements imposed as a condition to an approval under this Act and any such agreement may be registered against the land to which it applies and the municipality shall be entitled to enforce the provisions thereof against the owner and, subject to the provi- R.S.O. 1990, sions of the Registry Act and the Land Titles Act, any and all j cc. 445,230 subsequent owners of the land. ; Notice of (10) Written notice of the decision of the council shall be decision sent to the applicant and to every person who in writing requested to be given notice of the decision within five days of the making thereof. Appeal to (11) Where the council refuses or neglects to make a deci- O.M.B. sion on the application filed in accordance with this Act within thirty days after the receipt by the clerk of the municipality of the application, the applicant may appeal to the Ontario Municipal Board by filing with the clerk of the municipality a notice of appeal. Appeal of (12) Any person who is not satisfied with the decision of decision to O.M.B. council may, not later than twenty days after the date of the decision, appeal to the Ontario Municipal Board by filing with 1986 1986 RENTAL HOUSING PROTECTION Bill l l 5 -Al permit the the clerk of the municipality a notice of appeal setting out the objection to the decision and the reasons in support of the objection. _,tion (3) shall ection by the (13) If an application respecting a matter set out in section 4 Transition or 5 has been made to the Ontario Municipal Board prior to the coming into force of this Act, this Act applies unless the with or with- Board has issued its decision. able or reject ie application (14) The clerk of the municipality, upon receipt of a notice Record °gulations are of appeal under subsection (11) or (12), shall compile a record and forward the notice of appeal and the record to the secre- i tary of the Board and shall provide such information or ma- this section, terial as the Board may require in respect of the appeal. pion is made 11 hold at least (15) The Board shall hold a hearing and has the same Hearing ;n in the man- authority as the council under subsection (6) but if all appeals D5^ of inform- have been withdrawn prior to the hearing, the decision of the council is final and binding and the secretary of the Board shall notify the clerk of the municipality who in turn shall shall be held notify the applicant. ments for the all be open to (16) When an approval has been given under this section by Certificate eting shall be the municipality, the Ontario Municipal Board or the Lieuten- that approval I in respect of l P given ant Governor in Council, as the case may be, the clerk of the municipality shall give a certificate in the form prescribed by vents imposed regulation to the applicant stating that the approval has been and any such given and the certificate is conclusive evidence that the J to which it approval was given and that the provisions of this Act leading :o enforce the to the approval have been complied with, and after the certifi- :t to the provi- cate has been given no action may be maintained to question ct, any and all the validity of the approval, but where a condition has been i imposed, the certificate shall not be given until the council is satisfied that the condition has been fulfilled. )unI-;l shall be ,h: writing j (17) Upon the petition of any party to the hearing filed may. infi tin ride days of with the Clerk of the Executive Council within fifteen days vary or { after the date of any decision of the Board, the Lieutenant rescind r Governor in Council may, make a deci- this Act within (a) confirm, vary or rescind the whole or any part of nunicipality of g such decision; the Ontario municipality a (b) substitute for the decision of the Board such deci- sion as the Lieutenant Governor in Council consid- ers appropriate; or lie decision of he date of the (c) require the Board to hold a new public hearing of 1 by filing with the whole or any part of the application to the s Bill I I RENTAL HOUSING PROTECTION 1986 Board upon which such decision of the Board was made, and the decision of the Board after the public hearing ordered under clause (c) is not subject to petition under this section. Withdrawal (18) Any party who has filed a petition under subsection of petition (17) may at any time withdraw the petition by filing a notice of withdrawal with the Clerk of the Executive Council. When (19) No certificate of approval shall be issued until the time certificate of approval for all appeals has passed or until all such appeals have been to be issued disposed of, whichever is later. i Fees 8. The council of a municipality may by by-law establish fees for the processing of an application made under this Act, which fees shall not exceed the anticipated cost to the munici- pality of processing the application and of having its chief building official make an inspection of-the rental residential property. Regulations 9. The Lieutenant Governor in Council may make regu- lations, (a) exempting a municipality, or part thereof, from this Act; (b) exempting rental units or rental residential proper- ties, or categories thereof, from this Act; (c) prescribing the criteria upon which approval may be granted or refused by a municipality under subsec- tion 4 (1); (d) prescribing the form and contents of an application under subsection 7 (1); (e) prescribing the form of notice to be given and the manner in which notice is to be given under subsec- tion 7 (2); (f) prescribing for the purposes of subsection 7 (7), the persons that are to be given notice and the manner in which notice is to be given; (g) prescribing the form of the certificate of approval under subsection 7 (16); i I 1986 1 1986 RENTAL HOUSING PROTECTION Bill 1 ] 7 of the Board was (h) exempting sales of co-operative units, or any ca- tegory thereof, from any of the provisions of this Act. is hearing ordered Jer this section. 10.—(1) If all permits required under the Building Code Transition Act and the Planning Act, 1983 for a demolition, renovation R.S.IO. 1980, tinder subsection or repair have been obtained prior to the coming into force of 1983,C. I by filing a notice this Act, the approval of council under subsection 4 (1) is not e Council. required and section 6 does not apply. ,ued until the time appeals have been (2) If a draft approval or a commitment for an exemption Idern,condominium from an approval has been granted under section 50 of the conversion Condominium Act or the Ontario Municipal Board has issued R.S.O. 1980, a decision approving an application for conversion prior to the • 84 y by-law establish coming into force of this Act, the approval of the council of a le under this Act, municipality under subsection 4(1) is not required. post to the munici- f ' -iving its chief tal residential 11. Every person who contravenes section 4 or 5 or Sub- Offence section 6 (1) and every director or officer of a corporation who authorized, permitted or acquiesced in the contravention may make regu- of section 4 or 5 or subsection 6 (1) by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more thereof, from this than one year, or to both. 12.—(1) Subsection 47 (1) of the Land Titles Act, being esidential proper- chapter 230 of the Revised Statutes of Ontario, 1980, is is Act; amended by adding thereto the following paragraph: approval may be 14. The provision of section 5 of the Rental Housing 1986, c. 26 lity under subsec- Protection Act, 1986. o` , application (2) Paragraph 14 of subsection 47 (1) of the said Act, as enacted by subsection (1), is repealed on the 30th day of June, 1988. he given and the en under subsec- 13. This Act, except subsection 12 (2), is repealed on the 30th day of June, 1988. section 7 (7), the and the manner 14. This Act comes into force on the day it receives Royal Commence- Assent. icate of approval 15. The short title of this Act is the Rental Housing Short title Protection Act, 1986. I i i i DONDEB CONSTRUCTION CO. LIMITED Suite 208 82 Yonge Street North AURORA, Ontario L4G 1N8 February 12 , 1988 Corporation of The Town of Newcastle 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Attention: Terry Edwards Dear sir : Re : Liberty - Baseline Apartment Project It has been suggested to me that I should put something in writing to you concerning my intentions with respect to this building. As we have discussed so many times over the past year, please rest assured that it has always been my intention to develop this building as a condominium and .rent individuals units while retaining ownership of all the units . Yours very truly, DONDEB CONTRUCTION CO . LIMITED Per ��t