Some previously mandated elements are once again voluntary options for Toronto development projects following the recent adoption of provincial legislation that prohibits municipalities from imposing certain requirements as a condition of planning approvals. Amendments to the City of Toronto Act and Planning Act, which received Royal Assent June 2, cancel authority to dictate sustainable design features through site plan control and add in new clauses to forbid local governments from requiring electric vehicle (EV) charging infrastructure in private commercial and multifamily buildings.

Several provisions of the Toronto green standard (TGS) for new development remain in place, however, since they are tied to health, safety, accessibility or protection of adjoining lands. The two Acts still allow local governments to apply site plan control related to those circumstances. As well, other TGS measures are enabled through regulatory mechanisms — such as Toronto’s zoning bylaw and requirements for garbage, recycling and organics collection — that continue to be authorized.

A new report to Toronto City Council concludes that 11 performance measures in the basic TGS tier will have to shift to a voluntary basis, but 25 can still be enforced. More rigorous requirements in the two additional TGS tiers won’t have to be adjusted because participation is already voluntary.

More than 4,000 private and municipally owned developments have been built to reflect TGS requirements since 2010 — incorporating various measures related to: air and water quality; greenhouse gas (GHG) emissions reduction; climate resilience, ecology and biodiversity; and waste reduction and recovery. That’s estimated to have resulted in more than $407 million in utility cost savings and avoidance of 972,000 tonnes of GHG emissions.

“It is one of the most important tools the City has to address climate resilience and achieve the Council-adopted greenhouse gas emissions reduction target of net zero by 2040 under TransformTO,” states the report to be considered at the upcoming meeting of Toronto Council’s planning and housing committee. “The TGS also serves as a market transformation tool facilitating the adoption of materials, technologies and design tools that are now mainstream in Toronto and across Ontario such as bird friendly glass, green roofs, geothermal energy, soil volume planning and energy modelling.”

The new provincial rules mean green/cool roofs and energy modelling will now be reclassified as voluntary undertakings. Nor will development proponents have to meet targets for total energy use intensity (TEUI), thermal energy demand intensity (TEDI) or GHG emission intensity.

The latter prerequisites involved energy modelling to demonstrate that commercial office and high-rise multifamily projects would operate with TEUI no greater than 130 kilowatt-hours (kWh) per square metre per year (12 kWh/square foot) and GHG emissions intensity no greater than 15 kilograms (kg) of carbon dioxide equivalent (CO₂e) per square metre per year (1.39 kg CO₂e/foot²). Commercial retail projects faced TEUI ceilings of 120 kWh/metre²/year (11.1 kWh/foot²) and maximum GHG intensity of 10 kg CO₂e/metre²/year (0.93 CO₂e/ foot²).

Other measures that will now be voluntary include:

• EV and electric bike infrastructure;
• at least 10 publicly accessible, secure and weather-protected spaces for short-term bicycle parking, at grade on the site or within the public boulevard, at developments located within 500 metres of a transit station entrance;
• one of six specified choices for on-site green infrastructure, including: three green roof options, two options for planting flowers/pollinator species or trees, or an on-site bioretention facility to capture stormwater runoff;
• large shade trees dispersed throughout above-ground parking lots at a ratio of one tree per five parking spaces, along with a watering and maintenance program for four years after they are planted;
• cool paving technologies or soft landscaping on at least 20 per cent of non-residential sites to offset non-roof hardscape; and
• on-site landscaping using at least 50 per cent native plants, including at least two flowering species that provide continuous blooms throughout the growing season.

The basic TGS tier retains mandatory requirements for long-term and short-term bicycle parking and shower/changing facilities for cyclists, which are spelled out in Toronto’s zoning bylaw. It also specifies features and configurations for waste collection, storage and compaction, and managing bulky and household hazardous waste.

An ongoing basic TGS measure spells out compliance with Toronto’s wet weather flow management guidelines for reducing and managing storm runoff from the site. Proposed developments that trigger a requirement for a transportation impact study will also still need to produce a plan for reducing single-occupant vehicle trips related to the development by 25 per cent.

Other basic TSG stipulations for accessible pedestrian routes and connections between the development and surrounding properties, pedestrian-scale lighting and covered outdoor waiting areas relate to health, safety and accessibility. Meanwhile, requirements for tree planting along street frontages and special considerations for developments bordering on ravines fall within the City’s authority to protect adjoining properties.

City staff will be updating the guidance documents and checklists that development proponents can use to interpret requirements and steer through the approvals process. A review of the TGS program is also in progress.

“The City will continue to advance climate leadership on its own City-led projects, applying the highest standard of the TGS to these developments. Private development will be encouraged to continue to achieve the TGS voluntary performance measures,” the report to Toronto Council advises. “High-performance private developments will continue to be incentivized through the voluntary TGS development charge refund program.”