Canadian Lawyer

22 A P R I L 2 0 1 6 w w w . C A N A D I A N L a w y e r m a g . c o m income, homebuyers could qualify for a larger mortgage, and that could well be the difference between them getting into a particular housing market or not. Pascale Harvey, CMHC's manager of homeowner policy, has seen the prolifera- tion of secondary suites, in municipalities across the country, but the rules are incon- sistent as is the definition of what legal and conforming means. "There is still a fair amount of discrepancy," she says. "There really isn't a one-size-fits-all definition. That's a challenge." Harvey sees potential for more municipalities to allow secondary suites to provide quality rental housing. British Columbia sees differing rules because of varying goals of individual municipalities. "The reality in lots of com- munities is that a significant portion of the housing stock is comprised of secondary suites. So whether they're legal or not, they're having an impact on neighbour- hoods and on servicing," says municipal lawyer Deborah Curran, who is on the fac- ulty of law at the University of Victoria and co-founder of Smart Growth B.C. Curran would like to see them allowed in more municipalities as a means of creat- ing safe, affordable housing with controls and regulatory oversight. Municipalities, she adds, could then charge for the extra services used by those occupying these additional units. "In B.C., housing is so expensive generally in most communities that suites are going to be omnipresent, they're not going away. They will not be prohibited out of existence. So the question really is: How do you bring them into the municipal regulatory scheme in a way that is sensitive to existing neighbourhoods" as well as provide an important part of afford- able housing? she says. In a 2014 survey it conducted of 650 Canadian municipalities, CMHC found 77 per cent permitted secondary suites, up from 54 per cent in 2006. Of those that did allow the additional units, the most frequently used zoning permissions were limiting size, the number of rooms, and lot size. Many also required a specific approval process. CMHC noted some municipali- ties allow suites "as of right" in all single- detached dwellings and others require site- specific rezoning. Saskatoon will waive municipal build- ing and plumbing permit fees for property owners to encourage existing secondary suites adhere to its zoning bylaws and regu- lations. Vancouver allows them in several zones and has relaxed its building code on ceiling height and sprinkler requirements. Some provinces are encouraging munic- ipalities to make allowances for secondary suites. Changes to Ontario's Planning Act in 2011 requires municipalities to allow them within dwellings as well as in ancillary structures. Legislation in Quebec and Brit- ish Columbia includes provisions that allow municipalities to regulate intergenerational dwellings; Quebec limits occupancy to a relative. Saskatchewan and Manitoba offer a 50-per-cent forgivable loan to develop or renovate secondary suites. In Prince Edward Island, Charlotte- town's zoning and development bylaw per- mits in-law and stand-alone garden suites. The garden suites are permitted in certain zones on lots larger than an acre and must be occupied by an immediate family mem- ber. The in-law suite must be located in the main house and can be occupied by up to R E A L E S TAT E THE MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS. With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. More detail and a wider scope of legal contact information for Ontario than any other source: • Over 27,000 lawyers listed • Over MBXȮSNTBOEDPSQPSBUFPGȮDFTMJTUFE • 'BYBOEUFMFQIPOFOVNCFSTFNBJMBEESFTTFTPGȮDFMPDBUJPOTBOEQPTUBMDPEFT Includes lists of: • Federal and provincial judges • Federal courts, including a section for federal government departments, boards and commissions • Ontario courts and services, including a section for provincial government ministries, boards and commissions • Small claims courts • The Institute of Law Clerks of Ontario • Miscellaneous services for lawyers ORDER YOUR COPY TODAY! 7JTJUDBSTXFMMDPNPSDBMMGPSBEBZOPSJTLFWBMVBUJPO NEW EDITION Perfectbound Published December each year On subscription $80 One time purchase $83 L88804-764 Multiple copy discounts available Plus applicable taxes and shipping & handling. (prices subject to change without notice) Untitled-2 1 2016-03-15 7:47 AM

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