SoVote

Decentralized Democracy

Jessica Bell

  • MPP
  • Member of Provincial Parliament
  • University—Rosedale
  • New Democratic Party of Ontario
  • Ontario
  • Unit 103 719 Bloor St. W Toronto, ON M6G 1L5 JBell-CO@ndp.on.ca
  • tel: 416-535-7206
  • fax: t 103 719 Bl
  • JBell-QP@ndp.on.ca

  • Government Page
  • Apr/17/23 2:50:00 p.m.
  • Re: Bill 97 

Thank you.

The second thing I want to talk about, which is really key, is this government’s changes to eviction laws in the Residential Tenancies Act. There are some good changes in this bill when we’re talking about eviction protection. I want to summarize them before I get to the loophole that I see.

One, it is encouraging to see that Bill 97 doubles the maximum fine for violations under the Residential Tenancies Act—so it’s for the entire Residential Tenancies Act; it’s not just for evictions—to $100,000 for an individual and $500,000 for a corporation. But let’s also be clear: That money doesn’t go to the wronged tenant; it goes to the board or to the government. It’s not like a tenant walks away with a $500,000 windfall. Let’s be clear about that.

The second thing that I see as a positive move is that this government is looking, with Bill 97, to require landlords to get a report justifying a home must be vacated for renovations before a tenant has to leave. There needs to be some criteria there to ensure it’s not just some Joe Blow writing this report so a landlord can just say, “Look, here’s a one-page summary: Renovations need to be done, bye-bye tenant.” This government is acknowledging that a landlord needs to have some kind of evidence and needs to do some due diligence before they move to the LTB to evict a tenant. I see that as a step forward as well.

I also see as a step forward in the right direction this government’s decision to be more flexible around the time frame that a tenant has to apply to the Landlord and Tenant Board for a remedy, if they are renovicted, to go to the Landlord and Tenant Board to say, “Hey, look, I think I’ve been illegally evicted and I want to seek redress.” Currently it’s two years, and this government is looking at adding up to six months after renovations are complete. The reason why that’s important is because in many cases, renovations—especially big renovations when you’re looking at demolitions—take longer than two years. We also have situations in our ridings where developers are just running the clock. They know that after two years the tenant can’t apply to the Landlord and Tenant Board for redress, so they just wait them out.

We actually have a situation like that in our riding, at 11 Walmer Road. Shortly after I was elected, we canvassed the building, and we very quickly learned that the new property manager, Cromwell property management, was looking at doing some renovations to the building and was actively encouraging—and I’m being polite there—to have tenants leave. So tenants agreed to leave, and there were a few tenants—we are currently working with an individual called Caitlin and an individual called Delroy who is 83, who made it clear in writing that they want to move back in after renovations are complete. It has been over two and a half years. We have sent numerous emails, made numerous calls to Cromwell property management. Caitlin lives nearby; so does Delroy. They see U-Haul units come in as new tenants come into the building to move into these units, but Cromwell has never approached them and said, “Now it’s time for you to move in to your unit.” So they’re waiting, and there’s nothing they can do. There’s nowhere they can go. The two-year time frame has passed. So they’re worried. It is good to see that they now have six months after renovations are complete to apply to the Landlord and Tenant Board for a remedy. My hope is that they will be eligible to apply.

So that’s the good.

Now I want to talk about the very bad which undercuts many of the modest improvements that you’ve made. The massive loophole that this government is not addressing with Bill 97 is the fact that there’s no enforcement. I want to explain to you what happens if a tenant is illegally evicted, so that you can understand this enforcement issue as well, in the hope that you’ll take illegal eviction seriously and work to address it. This is the loophole: For a landlord to be fined, a wronged tenant must become a volunteer private investigator and a good Samaritan for at least a year to make a case to the Landlord and Tenant Board, because it’s an average of a year for a tenant to get a hearing at the Landlord and Tenant Board, compared to six months for a landlord. Landlords are getting fast-tracked right now. It takes a year. Successful tenants—

Interjection.

Successful tenants almost never get their home back.

One of the most high-profile examples of tenants trying to get back into their units is something that happened in my riding, actually, a few years ago, at 795 College Street. These people decided to take their illegal eviction seriously. They took it to the Landlord and Tenant Board. It took them two years, and the landlord got a $75,000 fine. None of it went to the tenants. Then they took it to court, and the landlord got a $48,000 fine. The tenants never got their rent-controlled apartments back, and they got $12,000 in compensation for two years of work.

That’s why this enforcement issue—it destroys all the work you want to do to address illegal evictions. That is a massive loophole. I’m very concerned about it.

I asked FMTA how many fines were issued last year for the one million rental units in Ontario. Their response was flippant. They said it was maybe more than 20. Was it more than 20? I doubt it. Fines don’t happen. I have asked the Attorney General now. I’ve just done an order paper question to ask them how many fines have been issued for landlords who illegally evict, and the average amount of fine, and how many times a tenant is returned to their unit, so we can get these statistics. But I know these numbers are going to be extremely low. So we’ll see about that. That’s a big hole.

Excuse me for spending so much time on that, but we just get so many calls from renters who are terrified that they’re going to lose their home, and it really matters. You need to get this right. So please get it right.

The next piece that I want to talk about is this government’s decision to listen to the Human Rights Tribunal of Ontario and the advocacy we have done and thousands of tenants have done—including this Speaker and the work that she has done—to ensure that tenants have a right to reasonably enjoy their unit and have a maximum temperature set for Ontario of 26 degrees. Other municipalities have this, and it’s time for the province to have this as well. This government has taken a step in the right direction to enshrine the right for a tenant to install their own air conditioning unit, provided that it’s done safely, they inform the landlord they intend to do so, and they pay for any excess electricity costs. The right to have an air conditioning unit in these extreme heat wave summers that we now have because of all governments’ lack of action on climate change—and yours is up there—is the right thing to do. But I want to repeat a statement that I said earlier, which is that only the Conservatives could turn a human rights tribunal ruling into a rent hike for low- and moderate-income renters, and it seems like you’ve successfully done that here.

This government is starting to have a bit of a track record of doing a bit of a rush job when they write their legislation, and I’m finding that they make amendments and changes in future legislation because they realize they’ve made a mistake or an error or they were a bit too quick to listen to one side but not the other. I also see this here. You might notice that the Residential Tenancies Act actually explicitly bans the use of seasonal fees, and there’s nothing in this bill to address that pretty core feature of the Residential Tenancies Act. So that’s a problem. The Residential Tenancies Act also enshrines the right to reasonably enjoy your unit, which—at this point, it is becoming essential to have an air conditioning unit, if you don’t have air conditioning. So there are some contradictions with this legislation here, which really just shows that sometimes you’re rushing a little bit when it comes to legislation. You’re not doing the kind of due diligence and taking the care that you need to get it right. That means listening to stakeholders and doing those consultations before you write the legislation—as well as during. So I hope to see some amendments in the committee to really look into this issue of keeping tenants reasonably cool, protecting them from heatstroke, ensuring that they’re not miserably hot in summer, especially given how much rent they’re paying right now.

The next thing I want to address is some of the planning changes to Bill 97 that talk about supply and housing supply. This is really twinned with what the members opposite have been talking about when it comes to this government’s decision to merge the provincial policy statement with the growth plan to create a new, I would say, radical vision for how we plan in this province—a very expensive and unsustainable radical vision for how we build. So I’m going to address them in turn.

One—and this is a real mystery for me; I don’t even know what this fully means yet, but I’m sure we’ll learn in time—is that with Bill 97, it requires landowners and municipalities to enter into agreements where a provincial land development facilitator has been appointed. I’ve heard this government talk a bit about what these facilitators could mean. I don’t know what municipalities or areas these facilitators are going to be assigned to. We don’t know how much power these facilitators are going to have. But what we are concerned about is that these facilitators, in partnership with the ministry, will likely have the power to change official plans as they go, to change municipal laws around planning as they go. These are very powerful changes to include in a bill, especially since we don’t exactly know what they mean, what they are, or what kind of powers they’re going to have. That seems like a real black box to me—that you’re going to have this unelected, unaccountable individual, who reports directly to the Minister of Municipal Affairs and Housing, being able to meddle in official plans that, as the member for Waterloo was explaining, sometimes take years to develop, involve the work of elected officials, and require hundreds of hours of public consultation. So I’m concerned about that power grab. It kind of falls into your track record when it comes to planning and how you like to control all of it. It is a concern, and I look forward to seeing more details of that piece.

The other piece that I see here with Bill 97 is that the municipal zoning orders are made even stronger. It gives the minister the ability to exempt MZO-designated lands from other provincial policies and official plans, such as farmland and wetland preservation. As we all know, MZOs can’t be appealed, and they do not require public consultation before approval. In short, the government loves these MZO tools. You want to keep making them stronger and stronger, so in case there’s an obstacle coming up, you can override it. That’s one piece.

And then the second thing is, I really think it’s important to also look at what these MZOs are being used for.

When I look in my riding, there have been examples of MZOs which I am quite comfortable with. The city of Toronto has requested them. One was used to lower parking requirements for a supportive housing facility at 877 Yonge Street—good. The other one will likely be used, if it hasn’t been used already, to expand the emergency room at Toronto Western Hospital—good. You’re not going to be seeing any objections from me on those kinds of important, publicly beneficial zoning changes to expand hospital capacity and ensure that affordable housing gets built quickly, and the city of Toronto supported them—good.

What concerns me, and what I’ve seen this government doing, is using MZOs to help your developer donor friends build housing that is incredibly expensive in areas that are precious, that are on flood plains, that are in wetlands, that are on farmland, that are on greenbelt land. That’s where I start to see the red flags, and I’m not the only one who has been raising those flags. Some reporters have done some deep dives into this, and they’ve seen that these MZOs have benefited developers who have donated over—this is a while back, so I’m sure the number is higher—$262,915 to Progressive Conservatives and Ontario Proud. These are the very developers who are now tangibly and immediately benefiting from these donations, because they get to maybe call up the minister, get an MZO, and get their development fast-tracked. It seems like it’s a bit of a pay-to-play, and I don’t think that’s how 14 million Ontarians want to see their government operate. I think they want a government that’s more accountable and transparent and that puts people first. And there are a lot of people who are questioning who this government prioritizes and who this government doesn’t. We see that with the use of MZOs.

These changes to the MZOs and these changes to the facilitators—it’s all part of this grand plan that the government keeps going back to time and time again, to really upend and change our planning process so that we are building sprawl on land that many of your developer donors either bought on cheap or already owned. It’s not the kind of planning that is sustainable, that is affordable, that is modern, and that’s really going to build the kind of houses that people want to see and need. That’s where I see this government going.

I want to spend a few minutes looking at the provincial planning statement changes so that the public understands what exactly this government is doing.

This government is ending firm density requirements for new developments. So there can be a single-family home on a half-acre lot and a single-family home on a half-acre lot, and that’s precious farmland. You would think, if we’re looking at building, that we’d want to take advantage of every acre of land we’ve got, which means building up, increasing density; not building out. That’s very concerning. It’s a fundamental change.

We’re also seeing that now municipalities are no longer required to meet minimum density targets of 50 residents per hectare, but they are just encouraged to set their own density targets, which is a fundamental change to the trajectory of planning and development in this province. You’re fundamentally changing it so that it’s now advisory only—that’s pretty concerning. It used to be 80, this government reduced the per-hectare standard to 50, and now you’re just saying, “It will be encouraged.” That’s not good.

This government is also making it easier for municipalities to expand their urban boundaries and permit development on nearby green space and farmland whenever they want. Previously, municipalities could only expand their boundaries as part of a review process and only if certain conditions were met—such as housing needs that couldn’t be met by increasing density on areas zoned for development.

This government is just declaring open season on farmland even though the farming sector in Ontario is one of the most productive farming sectors in the world. We are one of the few provinces and regions in the world that is a net exporter of food, and it is one of the biggest economic drivers of our province—all these jobs. They need to grow food somewhere, so we should be doing everything we can to keep the farmland we’ve got. Instead, this government is saying, “Nope.” We could be building homes that are more affordable and building them more cheaply in areas already zoned for development, but instead we are just going to declare open season on one of the most productive economic drivers in the province, and that is our farming sector. It’s bananas; it really is.

2895 words
  • Hear!
  • Rabble!
  • star_border
  • Aug/31/22 11:40:00 a.m.

This petition is called “Housing Crisis: Safe and Affordable Housing Now.”

“To the Legislative Assembly of Ontario:

“Whereas Toronto’s residential rental vacancy rate is 1.1%; and

“Whereas the average rent for a 1-bedroom apartment in Toronto is over $2,000/month...; and

“Whereas the wait-list for social housing in Ontario is nearing 200,000 households; and

“Whereas the Ford government eliminated rent control protections on new rental housing; ...

“We, the undersigned, petition the Legislative Assembly of Ontario as follows:

“—Reverse the recent elimination of rent control protections for new rental units;

“—End vacancy decontrol” which allows landlords to increase the rent to whatever they want once a tenant leaves;

“—End above-the-guideline increases...;

“—Strengthen the Residential Tenancies Act to protect tenants from renovictions and illegal evictions.”

I support this petition. I’ll be affixing my signature to it and giving it to page Evan.

149 words
  • Hear!
  • Rabble!
  • star_border