TAKE NOTICE that the City of Toronto passed By-law No. 885-2007 on the 19th day of July, 2007, and adopted Municipal Code Chapter 667, Residential Rental Housing Demolition and Conversion Control, under section 111 of the City of Toronto Act, 2006.

Purpose:

By-law 885-2007 amends the City of Toronto Municipal Code to include a new Chapter 667, Residential Rental Property Demolition and Conversion Control, under section 111 of the City of Toronto Act, 2006, and also amends Article II, Demolition Control of Chapter 363, Building Construction and Demolition, Chapter 415, Development of Land, Chapter 441, Fees and Charges, and Chapter 442, Fees and Charges, Administration of.

Chapter 667:

• Prohibits the demolition of residential rental properties and the conversion of residential rental properties to another purpose without a permit to do so issued by the City, and except in accordance with any terms and conditions to the permit and any preliminary approval;
• Delegates certain powers and duties to an officer or employee of the City
• Provides that contraventions of Chapter 667 may constitute an offence and which may result in a fine, and that the penalty may include a special fine in addition to the regular fine, the purpose of which is to reduce or eliminate any economic advantage from contravening Chapter 667; and
• Provides that a person who contravenes an order (to discontinue the contravening activity) or a (work) order is guilty of an offence. Chapter 441 was amended to impose fees or charges for related services and activities under Chapter 667;

Specifically, Chapter 667 potentially applies to:

• Any residential rental property (which may include a related group of buildings) with at least 6 dwelling units, and that contains a rental unit;
• Rental units in equity co-operative or co-ownership properties; and
• Demolition activities including interior renovations and alterations to a building if it results in a change to the number or type of existing rental units by bedroom type.

Also, Chapter 667 may affect, but is not limited to the following related applications, including an application, other than for interior renovations, made on or after January 1, 2007 unless a determination has been made by the applicable approving authority before July 19, 2007:

• A permit under section 8 or 10 of the Building Code Act, 1992.
• A demolition permit under section 33 of the Planning Act.
• A consent or permit to alter part of a property or to demolish or remove a building or structure under section 33, 34, 34.5 or 42 of the Ontario Heritage Act.
• Approval or registration of a description for a proposed condominium or exemption from approval for a condominium, under section 9 of the Condominium Act, 1998.
• An amendment to the Official Plan under section 22 of the Planning Act.
• A zoning by-law amendment under section 34 of the Planning Act.
• A minor variance under section 45 of the Planning Act.
• Approval of plans and drawings under subsection 1114(5) of the City of Toronto Act, 2006 and subsection 41(4) of the Planning Act.
• Approval of a plan of subdivision under section 51 of the Planning Act.
• A consent under section 53 of the Planning Act.

Exemptions

Chapter 667 exempts applications for severance where each severed portion will still contain at least 6 rental units, or where a severed portion has no residential units, such as a part of the property with no buildings. The by-law does not apply to rental units in an existing condominium or life lease property.

Getting further information:

For information concerning By-law 885-2007, please contact Noreen Dunphy, Senior Planner, City Planning Division at 416-392-1255, Email: ndunphy@toronto.ca, Metro Hall, 55 John Street, 23rd floor, Toronto, ON M5V 3C6 or telephone other staff of the City Planning Division, Policy & Research Section at: 416-392-7863 or 416-392-8124.

Council's actions leading to the adoption of By-law 885-2007 at its meeting of July 16, 17 18 and 19, 2007 (Item PG7.1 of the Planning & Growth Management Committee Meeting No. 7) are available online at www.toronto.ca/legdocs/mmis/2007/pg/reports/2007-06-28-pg07-cr.pdf. The planning report is available online at www.toronto.ca/legdocs/mmis/2007/pg/bgrd/backgroundfile-4968.pdf

As well, further discussion of Section 111 of the City of Toronto Act has been posted online at: www.toronto.ca/planning/housing.htm.

A copy of By-law 885-2007 is available online at www.toronto.ca/legdocs/bylaws/2007/law0885.pdf.

No appeal process:

By-law 885-2007 is in full force and effect and cannot be appealed to the Ontario Municipal Board. There is no appeal process with respect to Chapter 667 under section 111 of the City of Toronto Act, 2006.

Dated at the City of Toronto this 1st day of August, 2007.

Ulli S. Watkiss,
City Clerk

Authority: Clause PG7.1, Report 7, Planning and Growth Management Committee