Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 9, 2025

CASE NO(S).: OLT-24-001022

PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: SIREG Holdings (North) Inc.

Subject: Proposed Plan of Subdivision – Appeal of Refusal

Description: To permit the conversion of 60 existing townhouses to a condominium tenure.

Reference Number: 48CDM-22102

Property Address: 350 Oakwood Avenue

Municipality: North Bay

OLT Case No.: OLT-24-001022

OLT Lead Case No.: OLT-24-001022

OLT Case Name: SIREG Holdings (North) Inc. v. North Bay (City)

Heard: September 2, 2025, by Video Hearing

APPEARANCES:

Parties	Counsel
SIREG Holdings (North) Inc.	Matthew A. Di Vona
City of North Bay	Paul DeMelo Natalie Rochon

DECISION DELIVERED BY Kurtis Smith AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1SIREG Holdings (North) Inc. (“Appellant”) seeks to convert their existing 11 townhouse buildings located at 350 Oakwood Avenue (“Subject Property”) in the City of North Bay (“City”), with a combined total of 60 residential units from a rental tenure to a condominium tenure (“Condominium Application”).

2The Condominium Application came before the City council on August 13, 2025, where planning staff recommended conditional approval. City council refused the application on the basis that the conversion would not result in the condominium units being considered affordable.

3This hearing event was originally scheduled for three days. Leading up to the Merit Hearing, the Parties communicated to the Tribunal that fruitful decisions had eliminated nearly all the City issues. At the commencement of the hearing, the Parties requested the Tribunal to stand down for additional time to “iron out” the last items of contention, being the conditions of approval.

4Upon return of the Parties’ collaboration, the Tribunal was informed that they have achieved full resolution of the conditions of approval (Exhibit 3).

5The Tribunal, based on Brandon Stevens Curriculum Vitae and Acknowledgement of Experts Duty, qualified Mr. Stevens to provide opinion evidence in the area of land use planning.

EVIDENCE & FINDINGS

6Mr. Stevens provided the Tribunal a clear and concise written opinion evidence (Exhibit 2) and well described oral evidence at the Hearing. His evidence found that the Condominium Application is consistent with the Provincial Planning Statement 2024 (“PPS”), conforms to the Growth Plan for Northern Ontario 2011 (“GPNO”), conforms to the City’s Official Plan (“COP”), complies to the City’s Zoning By-law 2015-30 (“ZBL”), the proposed conditions (Exhibit 3) are reasonable, and overall represents good planning and should be approved.

7The above-mentioned planning documents affecting the Condominium Application have common themes, which are achieved through the application, including:

• Contributes to diversifying the range and mix of housings by providing a new types of affordable housing tenure and safeguarding existing rental tenant units, through condition #2; and
• Assurances to increase the life span of existing housing stock through repairing the units and confirming they meet the City’s applicable Property Standards By-law requirement, through condition #4.

8Mr. Stevens provided the Tribunal with an in-depth analysis (Exhibit 2, pg 15-24) of the housing and condominium conversion policies of the COP. Mr. Stevens opined that the Condominium Application meets the COP policies. The vacancy rate in the City has not been above 3% for two consecutive reporting periods and the units will provide affordable ownership, as defined by the Provincial Policy Statement 2005 or any successor policy document. The PPS considers affordable housing for low and moderate-income households when the purchase price results in an annual accommodation cost that does not exceed 30% of the gross annual household income. Through Mr. Stevens calculations, the annual accommodation costs would equate to approximately 16%, which is well under the 30% required.

9On the uncontested evidence of Mr. Stevens, the Tribunal finds that the Condominium Application is consistent with the PPS and GPNO, conforms to the COP, complies with the ZBL, and that the conditions of approval as revised are reasonable.

ORDER

10THE TRIBUNAL ORDERS THAT the appeal is allowed and the draft plan shown on the plan prepared by IBW Surveyors dated August 13, 2025, comprising Part of Lot 21, Concession C, geographic Township of Widdifield, City of North Bay, District of Nipissing is approved subject to the fulfillment of the conditions set out in Attachment 1 to this Order;

11AND THE TRIBUNAL ORDERS THAT pursuant to subsection 51(56.1) of the Planning Act, the City of North Bay shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of condominium for the purposes of subsection 51(58) of the Act. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.

“Kurtis Smith”

Kurtis Smith Member Ontario Land Tribunal

Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

Conditions of Approval – Plan of Condominium Plan

Condominium File No. 48CDM-22102

1. That this approval expires five (5) years from the date of approval by City Council. If there is an appeal to the Ontario Land Tribunal under section 51(39) of the Planning Act, the five (5) year expiration period does not begin until the date of the final Order of the Ontario Land Tribunal issued in respect of the appeal.

2. Prior to final approval of the Plan, the Parties shall enter into a Condominium Agreement, which shall include clauses to the following effect: a. The Owner acknowledges and agrees that all existing tenants shall be protected in accordance with s. 51 of the Residential Tenancies Act; b. The Owner acknowledges and agrees that all existing tenants shall not be subject to any above-Guideline rent increases, and that the Owner (or its successors and assigns) shall only increase the annual rents in accordance with the Provincial Guideline in any given year; c. The Owner acknowledges and agrees that only on natural tenant turnover, at the end of any existing tenancy or renewal thereof, only new tenants shall be subject to the market rent in any given year, and that the protections under s. 51 of the Residential Tenancies Act shall not apply to such new tenants; and d. The Owner shall agree that all current and existing tenants be given the first right to purchase their unit at a price no higher than that price for which the units are offered to the general public.

3. The Owner shall provide proof that all requirements of the Condominium Act 1998, as amended, have been adhered to with regard to notification of tenants, rights to purchase by tenants, and the necessary certifications as described by Architects, Engineers and Ontario Land Surveyors.

4. Prior to registration of the Plan, the Owner shall conduct a resident survey and produce a list of all reported deficiencies. The Owner shall make commercially reasonable best efforts to repair, or plan for the repairs, of all reasonable and appropriate items reported in the resident survey and to provide confirmation of same to the satisfaction of the City. The Owner shall ensure that the condition of the Property shall meet the City’s applicable Property Standards By-law requirements.

5. The Owner shall complete a Building Condition Assessment and Reserve Fund Study by a licensed Professional Engineer, which shall report observations and estimate present capital costs for components/systems where remedial work or replacement is due to condition or Building Code requirements is recommended. The findings and recommendations of the Professional Engineer shall be completed in accordance with the timelines set out in the Building Condition Assessment and Reserve Fund Study.

6. That the owner agrees in writing to satisfy all legal requirements, financial and otherwise of the City of North Bay concerning provision of roads, installation of services, and drainage, if reasonably required and not already in existence or otherwise provided.

7. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority, if reasonably required and not already in existence or otherwise provided.

8. That the Condominium Agreement between the owner and the Municipality be registered by the Municipality against lands to which it applies once the Plan of Condominium has been registered prior to any encumbrances.

9. The Owner acknowledges and agrees, if reasonably required and not already in existence or otherwise provided: a. to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada; and b. should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost.

10. That new Reference Plans for the property be provided to the City of North Bay.

11. That all required parking shall be located on-site.

12. That final condominium drawings prepared by an Ontario Land Surveyor shall be provided for the property.

13. The Owner shall pay to the City the sum of Fifty-thousand Dollars ($50,000.00) as cash-in-lieu of parkland. This payment shall be deemed to satisfy any and all parkland and similar requirements arising from the plan of condominium.