Proposed Regulation for the establishment of requirements and standards with respect to secondary residential units: Parking requirements for second residential units; Occupancy requirements for the primary unit or second residential unit; and...

Original title

Proposed Regulation for the establishment of requirements and standards with respect to secondary residential units: Parking requirements for second residential units; Occupancy requirements for the primary unit or second residential unit; and Authorizing second residential units in all dwellings regardless of date of construction

Description of regulation

The Strong Communities through Affordable Housing Act, 2011 (Bill 140), received Royal Assent on May 04, 2011, and amended various sections of the Planning Act to facilitate the creation of second residential units. The changes to the Planning Act for second residential units came into effect on January 1, 2012. Authority was provided for the Minister of Housing to make regulations authorizing the use of and prescribing requirements and standards with respect to second residential units.

Proposed content

It is proposed that a regulation under s. 35.1(2)(b) of the Planning Act could, if made, set out requirements and standards with respect to second residential units referred to in s. 16 (3) of the Planning Act as follows:

• A maximum of one parking space would be required for a second residential unit, where second residential units are permitted, which includes tandem parking, which would be defined as a parking space that is only accessed by passing through another parking space from a street, lane or driveway;
• A second residential unit, where permitted in the zoning by-law, may be occupied by any person in accordance with s. 35(2) of the Planning Act, and, for greater clarity, regardless of whether the primary unit is occupied by the owner of the property; and
• A second residential unit, where permitted in the zoning by-law, would be permitted without regard to the date of construction of the primary building.

The regulation purpose is to facilitate implementation and creation of second units.

Purpose of regulation

The purposes of this Notice are:

1. To inform the municipalities of Ontario, stakeholders, and the public that the province is considering a new regulation under the Planning Act;
2. To provide the basic outline of the proposed new regulation; and
3. To provide 90 days for the municipalities of Ontario, stakeholders, and the public to comment on the proposed new regulation by directing their written concerns to the contact persons noted below.

Public consultation

This proposal was posted for a 90 day public review and comment period starting March 07, 2017. Comments were to be received by June 05, 2017.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.

Other public consultation opportunities

Ministry of Municipal Affairs/ Ministry of Housing, Information Page on Second Units in Ontario

Comments should be directed to the following Contact Person:

Victor Doyle, Manager
Provincial Planning Policy Branch
777 Bay Street, 13^th floor
Toronto, Ontario, M5G 2E5
PHONE: (416)-585-6109

All comments will be considered as part of the decision-making by the Ministry if they:

1. are submitted in writing;
2. reference the EBR Registry number; and
3. are received by the Contact person within the specified comment period.

Please Note: No acknowledgment or individual response will be provided to those who comment. All comments and submissions received will become part of the public record.