OREA’s Band-Aid Solution Won’t Cure Housing Costs

The intensifying housing crisis across Canada, particularly in Ontario, demands a nuanced and comprehensive approach that moves beyond superficial solutions. While proposals such as the Ontario Real Estate Association’s (OREA) call to end exclusionary zoning and establish as-of-right zoning for diverse housing types are commendable first steps in dismantling community and political NIMBYism, they primarily address symptoms rather than the deep-rooted causal factors of housing unaffordability. A truly effective strategy requires a systemic overhaul, focusing on increasing supply rather than merely managing demand.

Unraveling Canada’s Housing Crisis: Beyond Symptomatic Solutions

The Futility of Demand-Side Interventions

For over four decades, much of Canada’s housing-related legislation, initiatives, strategies, and tactics have paradoxically focused on either limiting housing demand or, inadvertently, contributing to its increase, instead of prioritizing robust supply expansion. This fundamental misdirection has led to a cascade of unintended consequences, exacerbating the very crisis they sought to alleviate.

Misguided Policies and Their Repercussions:

  • Foreign Buyer Bans and Taxes: Policies like foreign buyer taxes or temporary ownership bans, while politically popular, are often seen as attacking symptoms of an overheated market. Their actual impact on core affordability is minimal, as foreign ownership typically represents a small fraction of the overall market. More critically, they can inadvertently deter legitimate international investment in new housing construction, thereby hindering supply growth.
  • Property “Flipping” Taxes: While aimed at curbing speculative behavior, taxes on property “flips” can discourage necessary renovation and redevelopment projects. Many properties require significant investment to modernize or expand, and the threat of a flipping tax can disincentivize legitimate value-added activities that contribute to the housing stock.
  • First-Time Homeowner Incentives: Financial incentives designed to help first-time homebuyers, though well-intentioned, often backfire. By increasing the pool of qualified buyers without a corresponding increase in available homes, these programs merely intensify competition for a diminishing housing inventory, driving up prices further.
  • Stricter Mortgage Qualification Rules: Conversely, raising the bar for mortgage qualifications, while potentially reducing the number of homebuyers (e.g., removing 200,000 Canadian families from the pool of competition), does not solve the underlying problem. These families don’t disappear; they remain in the rental market, intensifying pressure on an already strained system. This “cascading effect” locks out new and lower-income tenants from the most affordable segments of the rental market, creating a bottleneck that propagates throughout the entire housing spectrum.

These demand-focused interventions, irrespective of their intent, consistently fall short because they fail to address the fundamental imbalance between housing supply and demand. Real affordability can only be achieved by significantly increasing the availability of diverse housing options.

Systemic Hurdles to Housing Supply Growth

The journey to building more homes, particularly affordable ones, is riddled with formidable obstacles that span all principal layers of government. Despite frequent lip service paid to inter-governmental cooperation, a fragmented and often contradictory policy landscape actively impedes, discourages, or outright prevents the construction of essential housing units, such as second suites or the subdivision of larger homes into smaller, more efficient rental units.

Provincial-Level Legislative and Regulatory Barriers (Ontario Focus):

  • The Residential Tenancies Act (RTA): In Ontario, the RTA is frequently criticized for being heavily skewed against landlords. Out of more than 46 potential breaches of the Act, 34 uniquely benefit tenants, while only a single one uniquely benefits the landlord, and one benefits neither. This imbalance creates significant disincentives for individuals and small businesses considering investing in rental properties, reducing the pool of available housing.
  • The Landlord and Tenant Board (LTB): The LTB, intended to resolve disputes efficiently, has become a bottleneck, notoriously plagued by extensive backlogs and administrative inefficiencies. This has reached such a critical point that a class-action lawsuit between the province and an organization representing small landlords has been under discussion. The prolonged delays in dispute resolution, coupled with restrictions on above-guideline rent increases for capital cost recovery, actively discourage landlords from undertaking significant property maintenance or making necessary upgrades beyond minimum property standards.
  • The Paradox of Rent Control: While appearing to benefit tenants by limiting rent increases, rent control ironically serves as a significant career- and lifestyle-limiting factor. It discourages tenants from seeking better opportunities that might necessitate a move, as they risk losing their rent-controlled unit. More broadly, rent control depresses the incentive for developers to build new rental housing, as future rental income is capped, making projects less financially viable. It also creates an inequitable system where long-term tenants pay significantly less, effectively transferring a greater burden of municipal services costs onto their market-rent-paying peers.

Federal-Level Financial Disincentives:

  • Canada Revenue Agency (CRA) Policies: Federal tax policies, particularly concerning passive versus active income, recoverable capital cost allowance, and capital expense depreciation, significantly discourage investment in rental housing. This is acutely felt in the “missing middle” sector – housing types like duplexes, townhouses, and low-rise apartments that fall between single-family homes and high-rise condominiums. The current tax framework often penalizes individuals and smaller entities attempting to contribute to diversified housing supply, making it less attractive than other forms of investment.

Escalating Costs Across the Board:

  • Skyrocketing Property Insurance: The year 2020 saw property insurance rates surge, with the Canadian insurance industry enjoying one of its most profitable periods in decades, even amidst a global pandemic. These escalating costs are inevitably passed down to both tenants, through increased rents, and homebuyers, contributing to overall housing unaffordability.
  • Soaring Utility Rates: Utility rates, especially for electricity, have seen dramatic increases. Despite the clear potential for alternative energy sources to enhance housing affordability, government and utility companies (often municipally owned) typically offer only token gestures of support. Personal experiences, such as the denial of HST and Greener Homes construction rebates for solar panel installations, underscore the disconnect between stated environmental goals and practical homeowner support.
  • Unprecedented Construction Costs: The cost of construction materials has skyrocketed. While the quadrupling of lumber prices has dominated headlines, steel, concrete, and glass have also seen significant increases. This surge has led major building projects to pre-purchase total inventories years in advance, leaving little for smaller developers. Simultaneously, a demographic shift sees more skilled workers retiring from the construction industry than entering it, leading to a persistent labor shortage and rising labor costs. These factors combine to form the foundational cost that dictates the eventual sale or rental price of any new development.
  • Financing Challenges for Affordable Housing: Even when innovative affordable housing models are proposed, they face immense hurdles in securing financing. For instance, a pilot project for seniors’ affordable housing was shut down partly because mainstream lenders deemed affordable housing “too risky,” demanding private lenders to charge four times the prime market rate. Building insurance quotes for such projects were two to three times higher than for student housing, again citing seniors as a higher risk. This systemic reluctance by financial institutions starves vital, innovative projects of the capital they need.

Municipal-Level Roadblocks:

  • Discriminatory Property Taxes: In many Ontario municipalities, rental properties are subject to property taxes that are between two and 2.5 times higher than those levied on single-family homes and condominiums. This inequitable tax structure forces renters to bear a disproportionately larger share of the municipal services burden compared to single-family homeowners. This phenomenon creates an “affordable housing paradox”: higher property taxes reduce the net operating income, which in turn can lower property values (equity) and paradoxically diminish funds available for municipal services. True housing affordability cannot be achieved until this fundamental tax disparity is resolved.
  • Exorbitant Municipal Approval Processes: OREA rightly identifies multi-year municipal approval processes as a major impediment to affordable housing development. These protracted timelines inflate holding costs, increase interest payments, and expose projects to market fluctuations, ultimately adding significant expense and risk to every development.
  • Punishing Development Charges: Municipal development charges, intended to fund growth-related infrastructure, have become excessively burdensome. For example, the City of Oshawa and Region of Durham collectively charge $71,733 for a single-detached home, $57,733 for a townhouse, and $42,842 per unit for an apartment building. Toronto’s charges are even higher, at $87,299, $72,158, and $51,103 per unit respectively. For an average detached home in Oshawa priced at $723,700, development charges alone represent approximately 10% of the total price. These charges are directly passed on to homebuyers and renters, contributing significantly to rising housing costs.
  • Legal Ambiguities in Planning: A critical legal question arises regarding the legality of certain municipal fees. The Municipal Act 2001 (Fees and Charges) explicitly states, “A municipality or local board does not have the power under Part XII of the (Municipal) Act to impose fees or charges for the processing of applications made in respect of planning matters under the Planning Act.” This raises an important question: are development charges distinct from Planning Act matters, or do they contravene this provision? Furthermore, the Planning Act 1994, Section 1.1, outlines its purposes: “(d) to provide for planning processes that are fair by making them open, accessible, timely and efficient; (e) to encourage co-operation and co-ordination among various interests; (f) to recognize the decision-making authority and accountability of municipal councils in planning.” The prevailing lengthy municipal delays, burdensome administrative demands, and oppressive fees and charges appear to contradict the very spirit and stated purposes of the Planning Act, warranting urgent legal clarification and reform.
  • Parking Mandates and Density: The push for higher-density housing frequently clashes with municipal zoning bylaws related to parking. Many applications for increased parking space necessary for denser developments run afoul of “green space” zoning requirements and subjective notions of “curbside appeal.” These rigid parking minimums not only inflate construction costs but also hinder efficient land use, making it harder to build more units on less land.

The Overlooked Role of Small Landlords and Government Fiscal Capacity

All layers of government frequently overlook the crucial role played by the small landlord sector in Canada’s rental housing market. Canadian Mortgage and Housing Corporation (CMHC) reports indicate that approximately 49% of all purpose-built residential rental housing in Canada is owned by “non-incorporated” entities – essentially, individual owners holding title in their own names. Statistics Canada further highlights that while there are perhaps 250,000 public housing units, the vast majority of Canada’s 14 million private residences are built and maintained by the private sector. Ignoring this significant segment, and implementing policies that inadvertently harm them, directly undermines the overall rental housing supply.

Furthermore, the fiscal realities facing Canadian governments cannot be ignored. Ontario’s debt is the largest subnational debt globally, ranking 20th – surpassing the debt of 168 countries and incurring $9 million per hour in interest payments. Canada itself ranks 10th worldwide in national debt, despite having one of the lowest population-to-land ratios among developed nations. This severe fiscal constraint means governments simply do not possess the resources to unilaterally solve the housing supply crisis, let alone provide even a fraction of the much-needed public housing. This underscores the necessity of policies that empower the private sector to build, rather than hinder it.

Critiquing the Federal National Housing Strategy

The current federal National Housing Strategy, while ambitious in its goals, has largely failed to address the myriad causal factors outlined above. It is widely perceived as mostly toothless, mired in red tape, and bureaucratic inefficiency. Its focus often leans towards funding specific projects rather than implementing systemic reforms necessary to unleash widespread housing development. A truly effective national strategy must transcend these limitations, moving beyond piecemeal interventions to foster a genuinely enabling environment for housing construction across the nation.

Towards a Holistic Solution

Resolving Canada’s housing crisis demands a paradigm shift. It requires moving beyond reactive, demand-side measures to embrace a proactive, supply-focused strategy that acknowledges and addresses the interconnected challenges at every level of government. This necessitates:

A truly collaborative approach among federal, provincial, and municipal authorities to streamline regulations, reduce costs, and incentivize diverse housing construction.

Reforming outdated legislation like the RTA and improving the efficiency of tribunals like the LTB to create a more balanced environment for both tenants and landlords, thereby encouraging rental property investment.

Re-evaluating tax policies at both federal and municipal levels to ensure they do not inadvertently punish housing investment, particularly in the “missing middle” and rental sectors. This includes addressing the discriminatory property tax rates on rental properties.

Implementing robust measures to tackle soaring construction costs, including addressing labor shortages and supply chain vulnerabilities, while also streamlining municipal approval processes and reining in excessive development charges.

Fostering innovation in financing and insurance to support unconventional yet essential affordable housing projects.

Ultimately, solving the housing crisis is not about quick fixes but about dismantling decades of accumulated barriers and fostering an environment where housing supply can meet growing demand sustainably and affordably. Only then can Canada truly build a future where everyone has a place to call home.