PART XIX MISCELLANEOUS MATTERS
Definition
453.1 (1) In this section, “social housing program” means a program or project that, (a) is entirely owned or operated by or is leased to and operated by a non-profit housing co-operative as defined in the Co-operative Corporations Act or a non-profit corporation as defined in the National Housing Act (Canada) and that, in the opinion of the City, is designed to provide housing accommodation primarily for persons with low to moderate incomes, at a charge not exceeding the greater of, (i) the amount required to finance, operate and maintain such accommodation without profit, and (ii) the amount required to be charged for such accommodation under the terms of an agreement respecting the financing of the accommodation where one party is the provincial or federal government or an agent of either, or (b) provides housing accommodation that is owned and operated by or on behalf of Toronto Housing Company Inc. or Toronto Community Housing Corporation. 2006, c. 32, Sched. B, s. 95. Zoning densities (2) Without limiting section 113, in a by-law passed under section 34 of the Planning Act, the City may, in addition to establishing densities under the authority of that section, establish one or more residential densities of development applicable to any land in respect of which the owner of the land and the operator of the housing accommodation, if different from the owner, agree with the City to provide all or such proportion as specified in the by-law of the housing accommodation located or to be located on the land, for the purpose of a social housing program. 2006, c. 32, Sched. B, s. 95. Agreements (3) The City may require an owner and an operator, if different from the owner, to enter into one or more agreements respecting the provision of social housing accommodation referred to in subsection (2). 2006, c. 32, Sched. B, s. 95. Registration of agreement (4) An agreement under subsection (3) may be registered against the land to which it applies and the City may enforce its provisions against the owner and, subject to the Registry Act
and the Land Titles Act, any and all subsequent owners of the land. 2006, c. 32, Sched. B, s. 95. Validity of agreement (5) An agreement made under subsection (3) is not invalid by reason only of the failure to specify particulars of a social housing program. 2006, c. 32, Sched. B, s. 95. Consent required (6) If an agreement has been registered under subsection (4), no person shall, during the term of the agreement in respect of any unit of housing accommodation that is part of a social housing program, without the written consent of the City, (a) convey the unit, by way of deed or transfer, or grant, assign or exercise a power of appointment with respect to the unit; (b) mortgage or charge the unit or enter into an agreement of purchase and sale respecting the unit; or (c) enter into an agreement that has the effect of granting the use of or right in the unit directly or by entitlement to renewal for a period of 21 years or more. 2006, c. 32, Sched. B, s. 95. Effect of lack of consent (7) If an agreement has been registered under subsection (4), an agreement, conveyance, mortgage or charge made, or a power of appointment granted, assigned or exercised in contravention of subsection (6), does not create or convey any interest in the unit. 2006, c. 32, Sched. B, s. 95. Restriction (8) If notice of an agreement has been registered against land to which the Land Titles Act applies under subsection (4), the City shall apply to the land registrar to have an entry made on the register that, unless the City has given its consent, (a) no transfer shall be made or charge created; (b) no notice of agreement of sale and purchase shall be registered; and (c) no lease or notice of lease having the effect of granting the use of or right in land directly or by entitlement to renewal for a period of 21 years or more shall be registered. 2006, c. 32, Sched. B, s. 95. Certificate of clerk (9) If a written consent under subsection (6) has been given by the City, the city clerk shall provide a certificate, in registrable form, to the person obtaining the consent stating that the written consent of the City has been obtained and the certificate is conclusive evidence that the consent was given and that the provisions of this section leading to the consent have been complied with and, after the certificate has been given, no action may be maintained to question the validity of the consent and the certificate may be registered in the proper land registry office. 2006, c. 32, Sched. B, s. 95. Validity of by-laws restricting occupancy (10) A by-law passed by the City that implements subsection (2) is not invalid by reason only that the effect of it is to restrict occupancy of housing accommodation to such persons or classes of persons as are set out in the by-law. 2006, c. 32, Sched. B, s. 95. Offence (11) A by-law that implements subsection (2) may provide that any person entering into an agreement under subsection (3) who fails to provide the proportion or number of units for such period of time as may be specified in the agreement for the purposes of a social housing program is guilty of an offence and upon conviction is liable to a fine of not more than $10,000. 2006, c. 32, Sched. B, s. 95. Damages (12) In addition to the penalty set out in subsection (11), every owner who contravenes the agreement is liable for damages payable to the City in an amount equal to the difference between the charge that should have been made for the housing accommodation under the agreement and the actual charge made for the housing accommodation for the period of time that the owner or operator has contravened the agreement and the damages may be recovered as a debt due to the City. 2006, c. 32, Sched. B, s. 95. Contents of agreement (13) Subsections (6), (7) and (8) do not apply to an agreement unless those subsections are set out in the agreement. 2006, c. 32, Sched. B, s. 95. Exemptions or reductions (14) In a by-law passed under section 34 of the Planning Act that implements subsection (2), the City may give exemptions or reductions, or both, from the zoning provisions and standards otherwise applicable to similar forms of housing accommodation that are not part of a social housing program. 2006, c. 32, Sched. B, s. 95. No appeal (15) Despite subsection 34 (11) of the Planning Act, a person may not appeal to the Ontario Land Tribunal in respect of all or any part of a requested amendment to a City by-law passed under section 34 of that Act if the amendment or part of the amendment proposes to establish one or more residential densities of development authorized by subsection (2). 2006, c. 32, Sched. B, s. 95; 2017, c. 23, Sched. 5, s. 19; 2021, c. 4, Sched. 6, s. 37 (1). Agreement with owner (16) The City may enter into an agreement with the owner of land proposing a development on the land that is to contain housing accommodation for the purposes of a social housing program but for which no by-law under section 34 of the Planning Act prescribing the matters set out in subsection (2) is required and the agreement may contain provisions respecting the maintenance of the accommodation and such other terms as are agreed between the owner and the City and subsections (4), (5), (6), (7), (8), (9) and (13) apply to the agreement. 2006, c. 32, Sched. B, s. 95. Same, existing housing (16.1) The City may, regardless of whether a by-law under section 34 of the Planning Act prescribing the matters set out in subsection (2) is in effect, enter into an agreement with the owner of land that contains housing accommodation to be used for the purposes of a social housing program, and the agreement may contain provisions respecting the maintenance of the accommodation and such other terms as are agreed between the owner and the City and subsections (4), (5), (6), (7), (8), (9) and (13) apply to the agreement. 2017, c. 10, Sched. 2, s. 68. Old references (17) A reference in a by-law passed by the City before May 24, 1988 to “assisted housing”, “assisted housing program” or an “owner of land who has entered an agreement under section 5 of The City of Toronto Act, 1975 (No. 2)” is deemed to be a reference to “social housing”, “social housing program” and an “owner of land and operator of the housing accommodation if different from the owner”, respectively. 2006, c. 32, Sched. B, s. 95. Continuation of by-laws, agreements (18) A by-law referred to in subsection 5 (2) of
The City of Toronto Act, 1975 (No. 2), being chapter 117, and any agreement entered into under subsection 5 (3) of that Act before May 24, 1988, continues in force until repealed or revoked by the City. 2006, c. 32, Sched. B, s. 95. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 95 - 01/01/2007 2017, c. 10, Sched. 2, s. 68 - 30/05/2017; 2017, c. 23, Sched. 5, s. 19 - 03/04/2018 2021, c. 4, Sched. 6, s. 37 (1) - 01/06/2021