from derelict to affordable housing · presentation to oea october 2015 ... thereon, and for making...

From Derelict to Affordable Housing

A Case Study

Presentation to OEA October 2015

“Municipalities are entirely the creatures of provincial statutes.

Accordingly they can exercise only those powers which are explicitly conferred upon them by provincial statute”

Iacobucci, J. R. v Greenbaum, [1993]S.C.J. No. 24


Therefore – municipal powers must be: • expressly granted or

• necessarily or fairly implied in or incidental to powers expressly

granted

• essential to the declared objects and purposes of the corporation “Dillon’s Rule” Dillon on Municipal Corporations, 4th edition


MUNICIPAL ACT

R.S.O. 1990

Power to acquire or expropriate land 191.(1)The council of every corporation may pass by-laws for

acquiring or expropriating any land required for the purposes of the corporation, and for erecting and repairing buildings thereon, and for making additions to or alterations of such buildings, and may sell or otherwise dispose of the same when no longer so required.


What is a valid municipal purpose?

• Is it limited to the City’s own use ? • Must there only be a public benefit?

• Barbay Holdings v. Barrie (Div Ct) [1991] O.J. No. 1855

• Smuck v. St. Thomas (C.A.) (1982) 35 O.R. (2d) 160

• Mangin v. Windsor (Div Ct) [1991] O.J. No. 1855


MUNICIPAL ACT, 2001 S.O. 2001, c. 25

Powers of a natural person 9. A municipality has the capacity, rights, powers and privileges

of a natural person for the purpose of exercising its authority under this or any other Act.


MUNICIPAL ACT, 2001 cont’d

Scope of powers 8(1) The powers of a municipality under this or any other Act shall

be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues.

Broad authority, single-tier municipalities 10(1) A single-tier municipality may provide any service or thing

that the municipality considers necessary or desirable for the public.


MUNICIPAL ACT, 2001 cont’d By-laws

(2) A single-tier municipality may pass by-laws respecting the following matters:

……. 5. Economic, social and environmental well-being of the

municipality. 6. Health, safety and well-being of persons. 7. Services and things that the municipality is authorized to

provide under subsection (1). 8. Protection of persons and property, including consumer

protection.


Expropriation 6(1) The power of a municipality to acquire land under this or any

other Act includes the power to expropriate land in accordance with the Expropriations Act.


194 Dowling Avenue - Case Study

• 51 bed rooming house in Parkdale neighbourhood • Privately owned

• Destroyed by fire in 1998 and remained vacant • Open to elements • Neighbour complaints, property standards violations, vagrants


“From the Street into Homes”

• 2005 – comprehensive City Strategy to assist homeless persons find permanent housing

• 27 recommendations • “Identify vacant or derelict public or privately owned buildings

and lands suitable for development or conversion”

• leveraged federal-provincial funding under the Canada-Ontario Affordable Housing Program.


• 194 Dowling identified as a candidate property by Ward Councillor

• Owner approached to sell the property – not interested • Expropriation commenced

• Hearing of Necessity held - self represented

• Expropriation approved 2006


• subject of a proposal call for affordable housing sites • Parkdale Activity Recreation Centre - successful proponent

• Designated as a heritage property

• 29 affordable self-contained apartments

• made available to the “hard to house”


EDMUND YU PLACE


from derelict to affordable housing · presentation to oea october 2015 ... thereon, and for making...

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