The peculiar uses of Section 37 — from public art to
affordable housing
A look at the ways the city's councillors have applied Section 37 funds
- gleaned from developers in exchange for bending the zoning rules.
Toronto Star
Edward Keenan Columnist
16 January 2015
Public art:
One of the most traditional uses of Section 37 funds, named
specifically in the Planning Act as an intended application. At 1050
The Queensway in Etobicoke, sculptor John McEwan’s “Between Heaven and
Earth” was erected as a Section 37 benefit by Cineplex Odeon in
exchange for a zoning change from industrial to commercial at the site
of their new cinema.
Recreational facilities:
Often the funds are used to construct playgrounds or other places for
recreation. Councillor (and former mayor) Rob Ford, a vocal critic of
Section 37 as a “shakedown” scheme, used $75,000 of such funds to
renovate the dressing room at Don Bosco high school, where he was the
longtime volunteer football coach.
A new condo building
at 210 Simcoe was planned to include several affordable-rental units
under a Section 37 agreement.
Affordable housing:
Former councillor Adam Vaughan and Councillors Kristyn Wong-Tam and Ana
Bailao have used the clause for a novel purpose: getting affordable
housing built. At 210 Simcoe St., Vaughan negotiated the provision of
eight affordable rental units (five for artists, three for students) in
a new 36-story condo tower, in addition to other benefits.
Many Section 37 benefits are simply paid in cash, to be allocated to
projects at a later date by the local councillor. Last year, Councillor
Shelley Carroll held a “participatory budgeting” process in which she
invited her residents to decide how to spend $500,000 in Section 37
funds on local projects.
Recent projects (2016)
What counts as a “community benefit”? Well, here’s a few typical recent examples:
• a curb cut in front of a long-term care home
• landscaping around the new stadium at Central Tech
• public art along the East Bayfront
• a historical plaque commemmorating Muhammad Ali
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