Hamilton city council to ask province to repeal parts of its controversial housing bill

Hamilton city councillors have agreed to ask the Ontario government to repeal parts of Bill 23, the new provincial legislation that critics say will override local planning powers, limit the ability of municipalities ability to collect development charges and reduce public input on development.

Council will also be asking for more time for the public to comment on the massive changes the province introduced on Oct. 25 and passed a month later.

The legislation is also known as the More Homes Built Faster Act.

In his first motion to council since being elected to represent Ward 5 in lower Stoney Creek in October, Coun. Matt Francis made several proposals on Wednesday, including asking the province to:

• Repeal changes requiring mandatory development-charge discounts for market-rate development.
• Extend the commenting period on Bill 23 to at least Jan. 31.
• Halt the development of regulations to limit the city's ability to require the replacement of affordable and rental housing as a condition of development approvals.
• Amend the Planning Act to enable the implementation of inclusionary zoning, which requires a proportion of new developments be dedicated to affordable housing.
• Provide funding and funding tools to the city matching the amount of revenue lost through development charges.

Francis's motion — seconded by Ward 10 Coun. Jeff Beattie, also of lower Stoney Creek — was passed unanimously, following an amendment from John-Paul Danko (Ward 8, West Mountain) that the motion be circulated to all other Ontario municipalities with a request for support. 

Francis's requests were intend to address the looming budget increase the city faces in light of reduced development charges and sprawl-driven infrastructure costs.

He said he was motivated by the "affordability crisis" facing so many Hamiltonians.

"We're looking at huge budget increases because of this [legislation]," Francis told CBC Hamilton following Wednesday's meeting, noting the province recently announced it would help fund some of Toronto's expected budget shortfall as a result of Bill 23.

"I am looking to find ways to recover costs so we aren't passing costs onto taxpayers," he said.

"We have a lot of people in the city making tough choices right now. 'Should I pay my property tax bill or should I go to the grocery store?'"

'Developers are getting a huge Christmas gift'

Passing the motion was a move several on council described as a "first step" in a fight that could be a defining part of this council term. 

"It's the No. 1 thing we need to be working on," Ward 12 Coun. Craig Cassar of Ancaster, said later in the meeting.

During the discussion on Francis's motion, several councillors said more work was needed to address other impacts of Bill 23, beyond the budgetary ones.

"I definitely appreciate the motion that's put forward," Ward 3 Hamilton Centre Coun. Nrinder Nann said. "There's also social and environmental impacts.

"I would want guarantees from the province that any municipality ... isn't restricted in our ability to protect tenants, especially those living in existing affordable rental housing."

In an impassioned speech, Flamborough Coun. Ted McMeekin told his colleagues that "this is more than about the money," saying Wednesday's motion is the "minimum demand" from his perspective and that council should do more to push back against provincial overreach he called anti-democratic. 

"The province's own housing task force has declared there's no shortage of developable land in Ontario," he said.

"I am really disturbed by what is going on here. It is so fundamentally wrong."

Coun. Brad Clark (Ward 9, upper Stoney Creek) pointed out that Bill 23 doesn't contain any provisions that force developers to lower the cost of housing, which is already unaffordable for many people.

"Developers are going to continue to charge market value," he said. "The property owners purchasing new homes will be paying the same prices that they would prior to Bill 23. The whole argument that it is going to lower housing [prices] and help solve this crisis is specious.

"The developers are getting a huge Christmas gift."

Councillor wants local MPPs to answer for 'reckless' bill

Spurred by the discussion, Danko later introduced a separate motion that council invite local Progressive Conservative members of the legislature — Donna Skelly (Flamborough-Glanbrook) and Neil Lumsden (Hamilton East-Stoney Creek) — to answer questions about the purpose of the legislation.

Danko said it would be an opportunity for them to "answer for the reckless, irreversible harm that this government, of which they are a part, is doing to the City of Hamilton taxpayers."

Skelly previously told CBC Hamilton that housing development was needed beyond the city's current boundary in order to accommodate projected growth for the next 30 years. "Hamilton needs these people ... but they won't come here if they don't have a place to live," she said. "We're doing everything we can to address the housing crisis."

Danko's motion passed 14 to 1 on Wednesday, with only downtown councillor Cameron Kroetsch (Ward 2) opposed.

Kroestch said the idea of grilling the MPPs at council "verges slightly on the theatrical."

He elaborated on his "no" vote to CBC Hamilton following the meeting, saying he believes it would be more effective if Mayor Andrea Horwath were to draw on her connections with Premier Doug Ford and lobby him on behalf of the city.

"[Skelly and Lumsden] have no choice but to toe the party line," Kroestch said. "They are going to be required to speak to the talking points of the party. 

"If it's just to embarrass the government and get the point across, I don't think it's a good use of our time."