TC's Barrie Ontario & Area Real Estate Blog

The Electronic Commerce Amendment Act, 2012 was introduced in the Ontario Legislature May 17. If passed, the legislation would facilitate the use of electronic agreements of purchase and sale by extending the legal protections afforded by the Electronic Commerce Act, 2000. At present, the Act excludes electronic documents, including agreements of purchase and sale, that create and transfer interests in land. Click on the link to view the bill.

The legislation comes in the form of a private members bill co-sponsored by Progressive Conservative MPP Todd Smith (Prince Edward-Hastings) and Liberal MPP Yasir Naqvi (Ottawa Centre).

As technology becomes more and more accessible, this legislation would save time and money for both RERALTORS® and consumers. Instead of a lengthy process of faxing, scanning and emailing documents, the REALTORS® and their clients would access agreements of purchase and sale through central portal. The documents could be accessed from a desktop, through an internet connection or even a mobile device.

The technology supporting electronic agreements of purchase and sale is secure and is widely used in the banking, insurance and U.S. real estate industry.

Here is the Official Posting:

TORONTO, May 17, 2012 /CNW/ – The Ontario Real Estate Association (OREA) applauds proposed legislation introduced today at Queen’s Park that, if passed, would facilitate the use of electronic agreements of purchase and sale of real estate. Currently, Ontario REALTORS® are reluctant to use electronic agreements of purchase and sale because they are exempt from the legal protections of the Electronic Commerce Act, 2000.

The legislation comes in the form of a private members bill co-sponsored by Progressive Conservative MPP Todd Smith (Prince Edward-Hastings) and Liberal MPP Yasir Naqvi (Ottawa Centre).

“Enhancing legal protection for electronic agreements of purchase and sale will allow consumers and REALTORS® to benefit from technology that makes real estate transactions more efficient, accessible and secure,” said Ron Abraham, OREA President.

Electronic agreements of purchase and sale improve transaction efficiency by reducing the time required to complete the deal. “All parties can access agreements through a central portal, eliminating the need to fax, scan and email documents back and forth,” said Mr. Abraham.

In addition to improving transaction efficiency, the technology is also accessible. “Buyers and sellers can access agreements of purchase and sale through an internet connection anywhere in the world,” said Mr. Abraham. “The technology saves both REALTORS® and consumers time and money.”

Technology firms offer programs supporting electronic agreements of purchase and sale that ensures a high level of security, offering peace of mind to consumers and REALTORS®. That technology is widely used in the banking, insurance and U.S. real estate industry.

“Security and integrity are of the utmost importance,” said Mr. Abraham. “Cutting edge encryption technology, identification processes and audit trails ensure that each real estate transaction is secure.”

The Ontario Real Estate Association represents 53,000 brokers and salespeople who are members of the province’s 42 real estate boards. OREA serves its members through a wide variety of publications, educational programs and special services. The association provides all real estate licensing courses in Ontario.

For further information:

Jim Flood
Director, Government Relations

Secondary Units

Changes to the Planning Act

The Strong Communities through Affordable Housing Act, 2011 amended various sections of the Planning Act to facilitate the creation of second units by:

• requiring municipalities to establish official plan policies and zoning by-law provisions allowing second units in detached, semi–detached and row houses, as well as in ancillary structures
• removing the ability to appeal the establishment of these official plan policies and zoning by-law provisions except where such official plan policies are included in five- year updates of municipal official plans
• providing authority for the Minister of Municipal Affairs and Housing to make regulations authorizing the use of, and prescribing standards for, second units

What are second units?

Second units — also known as accessory or basement apartments, secondary suites and inlaw flats — are self-contained residential units with kitchen and bathroom facilities within dwellings or within structures accessory to dwellings (such as above laneway garages).

Second units must comply with any applicable laws and standards. This includes the Building Code, the Fire Code and property standards bylaws.

In addition to increasing the stock of affordable rental accommodation in an area, second units benefit the wider community in a number of other ways. They:

• provide homeowners with an opportunity to earn additional income to help meet the costs of homeownership
• support changing demographics by providing more housing options for extended families or elderly parents, or for a live-in caregiver
• maximize densities and help create income-integrated communities, which support and enhance public transit, local businesses and the local labour markets, as well as make more efficient use of infrastructure
• create jobs in the construction/renovation industry

The Strong Communities through Affordable Housing Act, 2011 requires municipalities to authorize second units in detached, semi–detached and row houses, as well as in ancillary structures. However, there is a need for municipalities to assess several considerations in developing new official plan policies and zoning provisions, or in reviewing their existing policies and provisions, if they already allow second units:

• Second units should be permitted in both existing residential communities and in newly developing areas. Newly developing areas offer the opportunity to plan proactively for second units. This includes the design of the actual houses and in the lot fabric or neighbourhood layout where ancillary structures like laneway garages could be integrally incorporated into the design. Municipalities and development proponents should specifically consider second units in the planning of new neighbourhoods.
• While the Act requires municipalities to permit second units, the government recognizes there may be inherent constraints within portions of a municipality or community which would make those areas inappropriate for second units (such as flood-prone areas or those with inadequate servicing). Municipalities should consider any such constraints in developing or reviewing second unit policies.
• While the Act requires municipalities to permit second units in detached, semi-detached and row housing, and in ancillary structures, the provisions permit one additional unit (i.e., a second unit) either in a house (e.g., basement) or in an ancillary structure (e.g., above laneway garage) on the same lot. Municipalities should assess where second units may be appropriate in the primary dwelling versus the ancillary structure. In some instances, municipalities may conclude it is appropriate to allow a second unit in both. However, in these situations, the sheltering of appeals does not extend to the third unit. Any party would be able to appeal the authorization of the third unit to the Ontario Municipal Board.
• Municipalities that currently permit second units will need to review their official plans and zoning by-laws to assess whether they are permitted in the range of housing types listed in the Act.
• While the Act introduced a regulation-making ability for the Minister of Municipal Affairs and Housing to prescribe minimum standards for second units, a regulation has not been issued under this authority. As such, municipalities are responsible for determining what standards or zoning provisions should apply to second units in relation to matters such as minimum unit size or parking requirements. Standards should support the creation of second units.

Grandfathering of Second Units

Second units must comply with any applicable laws, which could include the Building Code, the Fire Code and property standards by-laws. The changes do not “grandfather” any existing second units that do not meet applicable laws.

Do I need a building permit?

A building permit may be required to establish a second unit depending on whether alterations to the house are needed. As such, homeowners considering establishing a second unit should contact their municipality prior to doing so.

Effective Date of Changes for Second Units and Impact on Official Plan Policies

The changes to the Planning Act for second units came into effect on January 1, 2012.

Municipalities that have already implemented second unit policies should review their policies in light of the changes made through the Strong Communities through Affordable Housing Act, 2011 to determine whether any changes are required.

Municipalities that do not currently have second unit policies should review the new requirement in the Planning Act related to second units and determine what amendments are required to their official plans and zoning bylaws. They should then begin amending their planning documents prior to the second unit provisions coming into effect to be in compliance with the new legislative provisions once they are proclaimed in force.

Moving across town or across the continent can be a busy and sometimes scary proposition. Remember there’s not only the physical aspect of packing and moving your belongings, but there are all the little things to get you to and through that point!

Before you undertake your move:

1) Take an inventory of what possessions you have (large & small) and what will be being moved. Decide if you will be moving yourself or if you need to contact a mover to make arrangements for moving day. Use a reputable mover and don’t be afraid to ask for references.

2) Organize items you may be donating or selling (online, garage sale etc.) and start that process to help in “de-cluttering” before packing. It’s also a good idea to start using up opened or short term perishable items such as frozen foods, cereals, flour or sugar and even cleaning supplies.

3) Make a detailed list of all people and companies/services you will need to notify of your impending move (utilities, subscriptions, banks, friends & family), making sure all connect/disconnect orders are set up correctly. Your Local Realtor may even be able to provide you with a pre-printed “checklist” to help! Next step is to obtain a “change of address kit” from the Post Office and get it set up (this can also be done online).

4) If moving out of your local area try contacting the local Chamber of Commerce or Welcome Wagon as they can be a wealth of information, and maybe even some “freebies”. You may also want to see if you can get a local phone book in case you need it when you arrive for any services or Pizza for your friends.

Packing also needs special attention so make sure to give yourself lots of time, maybe doing a bit each day right up until the last items.

5) Try to pack on a room to room basis, marking each box with a description for whoever may move it. Try to use smaller sturdy boxes for heavier items and larger boxes for lighter items.

6) Try to pack dishes with either a separator or vertically to avoid chipping.

7) Pictures and other flat fragile items can be packed between sheets, blankets or towels for added protection, but make sure they are still packed sturdy.

Try to make a “first night” box with all of the things you may need when you arrive (medication, toothpaste & other toiletries, checkbooks etc.) so you can load it last and get to it first.

Moving can definitely be an adventure, but with the right planning it can be less stressful on all involved..

If you are relocating and need some advice check out mybarrierealtor.com and see how we can help..

Maybe you’re buying a home for the first time. Or maybe you’re selling your old home to move up to something new. Whatever the reason, the buying and selling of a home is a big event. It’s an intricate process involving many specialists. One of these specialists is a REALTOR®, whose job it is to make the transfer of property as easy as possible.

But not all licensed or registered Brokers or salespeople are REALTORS®. The term REALTOR® is a trademark identifying real estate licensees in Canada who are members of The Canadian Real Estate Association (CREA). REALTORS® adhere to a strict Code of Ethics and Standards of Business Practice. The code of ethics is a firm set of rules, describing what kind of performance you have a right to expect from a REALTOR®. It’s your guarantee of professional conduct and the best in service.

That’s why many buyers and sellers turn to a REALTOR®. As a member of their local real estate Board, REALTORS® have their finger on the pulse of the housing market and are in daily contact with buyers potentially interested in your home.

You can trust a REALTOR® to protect your interests and to look after details. And all the while, you’re an active partner in the process, working with a REALTOR® every step of the way. So the more you know about buying and selling homes, the better your working relationship with a REALTOR®.

A REALTOR®’s commitment to high standards of professional conduct works to the advantage of buyers and sellers alike.

A REALTOR® is knowledgeable about developments and trends in real estate. A REALTOR® will get you the facts: comparable prices, neighborhood trends, housing market conditions and more.

A REALTOR® is committed to ongoing education to increase competence and effectiveness in real estate trading.

Every REALTOR® has been trained and tested. And REALTORS® are bound by a strict Code of Ethics and Standards of Business Practice that ensure fairness to all parties in a transaction.

A REALTOR®’s pledge is to be honest in disclosing property information and forthright in providing the facts needed to help you make one of the most important decisions of your life.

And remember, only a REALTOR®, a member of The Canadian Real Estate Association, has access to the Multiple Listing Service®, Canada’s most powerful real estate marketing system.

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