09/12/2024 | News release | Distributed by Public on 09/12/2024 09:12
In the last month, the new Provincial Planning Statement, 2024 has been widely discussed (see our recent article on this entitled Ontario government releases final version of the Provincial Planning Statement, 2024). At Dentons, we have also been following other important planning initiatives, including the roll-out of the Bill 23 changes. In 2022, we brought you a three-part insight series regarding Bill 23, More Homes Built Faster Act, 2002. Bill 23 represented significant changes to the land use planning regime in Ontario, aimed at addressing the housing crisis by increasing housing supply and incentivizing the construction of 1.5 million homes over the next 10 years.
While Bill 23 received Royal Assent on November 28, 2022, many of the proposed changes did not come into effect right away.
Since our last update, a number of additional amendments are now in force. This bulletin provides a further update on the status of Bill 23, with a focus on the latest in-force provisions related to Ontario's land use planning regime. For background and history on the development of Bill 23, please see:
In addition, this bulletin provides relevant updates to other related legislation, introduced post-Bill 23.
As previously reported, Bill 23 amended the Planning Act to distinguish between an "upper-tier municipality with planning responsibilities" and an "upper-tier municipality without planning responsibilities." These definitions came into force on July 1, 2024, however, the definition of "upper-tier municipality without planning responsibilities" was modified prior to coming into force by Bill 185, Cutting Red Tape to Build More Homes Act, 2024 (Bill 185).
The introduction of upper-tier municipalities without planning responsibilities means these municipalities no longer have the authority or statutory requirement to adopt official plans or amendments, approve lower-tier plans or amendments, approve plans of subdivision, or appeal planning decisions, as these responsibilities shift to the lower-tier municipalities forming part of each upper-tier municipality without planning responsibilities.
On July 1, 2024, the Regional Municipality of Halton, the Regional Municipality of Peel and the Regional Municipality of York became upper-tier municipalities without planning responsibilities. Other upper-tier municipalities - the County of Simcoe, the Regional Municipality of Durham, the Regional Municipality of Niagara and the Regional Municipality of Waterloo - will become upper-tier municipalities without planning authorities at a future time, on dates to be named by proclamation of the Lieutenant Governor.
We previously reported this change, which is now in force, in our previous insight: Continuing to cut through the red tape - Ontario's Bill 185: Cutting Red Tape to Build More Homes Act, 2024.
This change streamlined the site plan control process by removing site plan control requirements for most projects with fewer than 10 residential units (building permits and building/fire code requirements continue to apply to protect public safety). The two provisions that had delayed effective dates are in force as of July 1, 2024, and relate to limitations on the requirements that can be placed on owners related to highway widenings (subsection 41(9)) and the requirement to convey land (subsection 41(9.1)).
This change was aimed at amending the Planning Act to reduce or establish maximums for parkland dedication requirements. The following provisions from Bill 23 that support this change recently came into effect, as set out below. For a more detailed overview of the parkland changes, please see our previous insight[2].
The proposed amendments to the Planning Act related to the establishment of a requirement for landowners to identify land to be conveyed to satisfy the requirements of a by-law passed under subsection 42(4.30) - (4.39) has not yet been proclaimed in force.
As of June 1, 2024, all of the outstanding changes proposed by Bill 23 related to the Development Charges Act have now come into effect. Specifically, as of June 1, 2024, Section 4.1 is now in force, which sets out exemptions from development charges for the creation of affordable residential units and attainable residential units.
In addition to the Planning Act and Development Charges Act, changes were made to the New Home Construction Licensing Act, Ontario Heritage Act and Conservation Authorities Act (among others). All of these changes are also now in force, including a series of changes under the Conservation Authorities Act, which recently came into force as of April 1, 2024, and limit the role that Ontario's 36 conservation authorities play in the development process. These changes include the limits on the ability of conservation authorities to comment on development applications.
The proposed amendments to the Ontario Land Tribunal Act to enhance the power of the Ontario Land Tribunal to prioritize certain hearings and dismiss appeals (Schedule 7, section 1 - 4 of Bill 23) have not yet been proclaimed into force.
Since Bill 23's introduction, there have been a number of other legislative changes aimed at housing and land use planning. While many of these changes are already in force, some remain outstanding. A summary of these legislative changes is below:
For a more detailed overview of Bill 97, please see our previous insight: Spring brings changes to Ontario's land use planning framework-Ontario announces a new "Provincial Planning Statement" and Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023.
For a more detailed overview of Bill 162, please see our previous insight: Ontario's Get It Done Act, 2024 and Bill 162 - A strong message?.
For a more detailed overview of Bill 185, please see our previous insights:
Please note that the information provided in this update is current as of September 10, 2024, and is intended as a quick reference tool. It does not constitute legal or professional advice or a legal opinion of any kind and readers are reminded that legislation and relevant information from legislative/governmental sources remains the source of truth to be consulted.
As the land use planning landscape in Ontario is constantly evolving, Dentons continues to stay monitor developments to key legislative and policy changes. Should you have any questions about any recent changes to housing and land use planning in Ontario and how they may impact your business, please contact Katarzyna (Kat) Sliwa, Roberto Aburto, Isaiah Banach, Karen Sadler, Michael James or any member of the Dentons Municipal, Land Use Planning and Development Team.
[1] Please see: Part 3: Shovels in the ground for Ontario-Bill 23 receives Royal Assent.
[2] Please see: Part 3: Shovels in the groundfor Ontario-Bill 23 receives Royal Assent.