Proposed new regulation and regulation changes under the Planning Act, including transition matters, related to Schedule 12 of Bill 108 - the More Homes, More Choice Act, 2019

ERO number
019-0181
Notice type
Regulation
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
June 21, 2019 - August 6, 2019 (46 days) Closed
Last updated

This consultation was open from:
June 21, 2019
to August 6, 2019

Decision summary

A new regulation and regulation changes under the Planning Act were filed on August 29, 2019 and came into force on September 3, 2019. The changes are needed to facilitate implementation of the changes to the Planning Act made by Schedule 12 of the More Homes, More Choice Act, 2019.

Decision details

Decision details

Overview

The following new and amending regulations under the Planning Act were filed on August 29, 2019 and came into force on September 3, 2019 or will come into force when the related legislative provisions are brought into force:

These new and amending regulations facilitate implementation of the changes to Planning Act made by Schedule 12 of the More Homes, More Choice Act, 2019.

The changes to the Planning Act and the related regulations are not expected to have a direct impact on the environment. While there may be indirect impacts as a result of land use planning decision-making processes, the legislation and regulations maintain existing environmental protections. Together, the changes are intended to increase housing options, boost housing supply and streamline development approvals, while continuing to safeguard health and safety, support a vibrant agricultural sector, and protect environmentally and culturally sensitive areas, including the Greenbelt.

The effective date for the new and amending regulations aligns with the date that most of the changes to the Planning Act came into effect. The changes to the Planning Act that came into effect on September 3, 2019, as specified by proclamation, include all changes in Schedule 12 of the More Homes, More Choice Act, 2019 except for those related to community benefits charges.

New and amended regulations

1. Transition

Ontario Regulation 296/19, which amends Ontario Regulation 174/16 “Transitional Matters – General”, sets out the transition rules to deal with certain planning matters in process when the changes made by Schedule 12 of the More Homes, More Choice Act, 2019 came into effect.

The following transition rules apply to the following Planning Act changes:

  • Expanding the grounds of appeal of a decision on an official plan/amendment or zoning by-law/amendment and allowing the Local Planning Appeal Tribunal to make any land use planning decision the municipality or approval authority could have made applies to:
    • appealed decisions in respect of which a hearing on the merits has not yet been scheduled by the Local Planning Appeal Tribunal
  • Expanding the grounds of appeal on a lack of decision on an official plan/amendment or zoning by-law amendment and allowing the Local Planning Appeal Tribunal to make any land use planning decision the municipality or approval authority could have made applies to:
    • applications appealed for the failure of an approval authority or municipality to make a decision within the legislated timeline in respect of which a hearing on the merits has not yet been scheduled by the Local Planning Appeal Tribunal
  • The removal of appeals other than by key participants (e.g., the province, municipality, applicant) and the reduction of approval authority decision timelines for non-decisions of official plans/amendments applies immediately when the changes came into force (i.e., September 3, 2019, as specified by proclamation).
  • The removal of appeal rights other than by key participants (e.g., the province, municipality, applicant, utility companies, etc.) for draft plan of subdivision approvals, conditions of draft plan of subdivision approvals or changes to those conditions applies where:
    • the notice of the decision to draft approve or change conditions is given, or
    • conditions are appealed other than at the time of draft approval

    on or after the day the changes came into force (e.g., appeals made during appeal periods that begin after the changes came into force on September 3, 2019, as specified by proclamation)
  • The reduction for decision timelines on applications for official plan amendments (120 days), zoning by-law amendments (90 days, except where concurrent with official plan amendment for some proposal) and plans of subdivision (120 days) applies to complete applications submitted after Royal Assent.

Planning Act changes not addressed in the transition regulation apply immediately upon the coming into force of those changes.

2. Community planning permit system

Ontario Regulation 173/19 amends Ontario Regulation 173/16 “Community Planning Permits” by:

  • removing the ability to appeal (except by the province) the by-law that implements the community planning permit system when the Minister issues an order to require a local municipality to adopt or establish a system, and
  • clarifying that the new community benefits charge by-law will not apply in areas within a municipality where a community planning permit system is in effect.

3. Additional residential unit requirements and standards

A new regulation for additional residential units (ARUs) (Ontario Regulation 299/19) helps to remove certain zoning barriers to the creation of additional residential units by establishing the following requirements and standards:

  • one parking space for each ARUs, which may be provided through tandem parking as defined
  • where a municipal zoning by-law requires no parking spaces for the primary residential unit, no parking space would be required for the ARUs
  • where a municipal zoning by-law is passed that sets a parking standard lower than a standard of one parking space for each ARUs, the municipal zoning by-law parking standard would prevail
  • an ARUs, where permitted in a zoning by-law, may be occupied by any person regardless of whether the primary residential unit is occupied by the owner of the property, and
  • an ARUs, where permitted in a zoning by-law, would be permitted without regard to the date of construction of the primary or ancillary building.

Additional residential units are one of the most affordable forms of rental housing. They provide benefits to homeowners, municipalities and the wider community and they increase the supply and range of rental accommodation.

4. Housekeeping regulatory changes

The following housekeeping changes have been made:

  • Ontario Regulation 297/19 amends Ontario Regulation 543/06 “Official Plans and Plan Amendments” by removing requirements for an optional notice for non-decision appeals
  • Ontario Regulation 298/19 amends Ontario Regulation 544/06 “Plans of Subdivision” by removing a redundant notice for a subdivision application
  • Ontario Regulation 300/19 amends Ontario Regulation 232/18 “Inclusionary Zoning” by removing the reference to section 37 (density bonusing) in the regulation.

Comments received

Through the registry

58

By email

15

By mail

0
View comments submitted through the registry

Effects of consultation

Effects of consultation

Summary of comments

The government received a range of comments from members of the public, municipalities and interested stakeholders, including community groups, development and professional sectors, and environmental groups.

Transition

Most submissions provided comments on the proposed rules for transition, offering mixed views. Some submissions expressed support for the proposed transition rules. While other submissions expressed concerns that the rules could result in delays and costs for matters at the Local Planning Appeal Tribunal and requested that the new rules apply to planning matters at different points in the planning process (e.g., to new applications).

New regulation for additional residential units

Most comments on the regulation for additional residential units expressed general support for the proposed requirements and standards. However, some submissions cautioned that implementation of the new requirements and standards needs to remain flexible to address local context and considerations – e.g.: need flexibility:

  • to prevent additional residential units on privately serviced properties due to capacity concerns and in rural areas
  • for parking requirements in rural and suburban communities.

Other regulation changes

Minimal comments were received on the proposed changes to the official plans, plans of subdivision and inclusionary zoning regulations. Of the comments that were made on these proposed regulation changes, most indicated general support or had no concerns.

Effects of the consultation on this decision

In developing and finalizing the regulations, the government sought to achieve a balance between different views.

Consideration was given to all comments received, while balancing the broader public interest and the need to ensure that there continues to be an effective land use planning and appeal system in Ontario. The government believes the changes are necessary to help address Ontario’s housing crisis by streamlining development approvals and making it easier to create additional residential units.

With respect to transition, the government carefully considered the comments received. The new transition rules set out in the regulation are intended to provide a balance between applying the new system as soon as possible and ensuring fairness for matters already in the system.

With respect to the new regulation for additional residential units and concerns regarding municipal implementation, the Planning Act allows for local flexibility when implementing additional residential unit policies and by-laws to address local context and considerations. For example, municipalities can identify limits to the establishment of additional residential units if there are planning and policy considerations, such as health and safety (private roads not maintained) or the natural environment (hazard, flood-prone and waterfront areas). Municipalities can also establish limits through policies and by-laws for undersized lots on private services, prohibiting additional residential units on prime agricultural lands, or requiring demonstration of capacity for lots serviced by septic systems.

Supporting materials

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Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Provincial Planning Policy Branch
Address

777 Bay Street
13th floor
Toronto, ON
M5G 2E5
Canada

Office phone number

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Original proposal

ERO number
019-0181
Notice type
Regulation
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

June 21, 2019 - August 6, 2019 (46 days)

Proposal details

Proposal details

Bill 108 – the More Homes, More Choice Act, 2019 received Royal Assent on June 6, 2019. Upon proclamation, schedule 12 to Bill 108 would make changes to the Planning Act to help increase the supply of housing and streamline development approvals.

Regulatory changes

1.Transition

Proposed changes to the transition regulation (O. Reg. 174/16: “Transitional Matters – General”) would set out rules for planning matters in-process at the time certain components of Schedule 12 to Bill 108 are proclaimed. The proposed transition regulation changes would provide certainty regarding the processing and decision-making on planning matters.

Certain changes to the Planning Act through Schedule 12 to Bill 108 that are not addressed in the proposed transition regulation would apply immediately upon the coming into force of those changes.

Proposed content

It is proposed that the following changes which are part of Schedule 12 to Bill 108 be transitioned as follows:

  • Expanding the grounds of appeal of a decision on an official plan/amendment or zoning by-law/amendment and allowing the Local Planning Appeal Tribunal to make any land use planning decision the municipality or approval authority could have made would apply to:
    • appeals of decisions that have not yet been scheduled for a hearing by the Local Planning Appeal Tribunal regarding the merits of the matter before the Tribunal
  • Expanding the grounds of appeal of a lack of decision on an official plan/amendment or zoning by-law amendment and allowing the Local Planning Appeal Tribunal to make any land use planning decision the municipality or approval authority could have made would apply to:
    • appeals of the failure of an approval authority or municipality to make a decision within the legislated timeline that have not yet been scheduled for a hearing by the Local Planning Appeal Tribunal regarding the merits of the matter before the Tribunal
  • The removal of appeals other than by key participants (e.g. the province, municipality, applicant) and the reduction of approval authority decision timelines for non-decisions of official plan/amendments would apply where the approval authority has not issued a notice of decision at the time the proposed changes come into force.
  • The removal of appeals other than by key participants (e.g. the province, municipality, applicant, utility companies, etc.) for draft plan of subdivision approvals, conditions of draft plan of subdivision approvals or changes to those conditions would apply where:
    • the notice of the decision to draft approve or change conditions is given, or
    • conditions are appealed other than at the time of draft approval

    on or after the day the proposed changes come into force (e.g., appeals made during appeal periods that begin once the proposed changes come into force)
  • The reduction for decision timelines on applications for official plan amendments (120 days), zoning by-law amendments (90 days, except where concurrent with official plan amendment for some proposal) and plans of subdivision (120 days) would apply to complete applications submitted after Royal Assent.

2. Community planning permit system

The community planning permit system is a framework that combines and replaces the individual zoning, site plan and minor variance processes in an identified area with a single application and approval process. O. Reg.173/16 “Community Planning Permits” outlines the various components that make up the system, including the matters that must be included in the official plan to establish the system, the process that applies to establishing the implementing by-law and the matters that must or may be included in the by-law.

Proposed content

Schedule 12 to Bill 108 includes provisions to remove the ability to appeal the official plan policies required by regulation for the establishment of a community planning permit system when the Minister issues an order to require a local municipality to adopt or establish a system. To further facilitate the implementation of the system, a change is also proposed to the community planning permit regulation that would remove the ability to appeal the implementing by-law. This change would support the streamlining of development approvals in areas where the Minister required a community planning permit system to be established.

3. Additional Residential Unit Requirements and Standards

The Planning Act currently requires municipalities to authorize in their official plans and zoning by-laws the use of second residential units in either a detached, semi-detached, and row house or in an ancillary buildings and structures (e.g., above laneway garages or coach houses).

Schedule 12 to Bill 108 includes provisions to require municipalities to authorize in their official plans and zoning by-laws the use of an additional residential unit in both a detached, semi-detached, and row houses and in an ancillary building or structure (e.g., above laneway garages or coach houses).

Proposed content

A regulation is proposed under s. 35.1(2)(b) of the Planning Act setting out requirements and standards to remove barriers to the establishment of additional residential units, as follows:

  • One parking space for each of the additional residential units which may be provided through tandem parking
  • Where a municipal zoning by-law requires no parking spaces for the primary residential unit, no parking spaces would be required for the additional residential units
  • Where a municipal zoning by-law is passed that sets a parking standard lower than a standard of one parking space for each of the additional residential units, the municipal zoning by-law parking standard would prevail
  • “Tandem parking” would be defined as a parking space that is only accessed by passing through another parking space from a street, lane or driveway
  • An additional 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
  • An additional residential unit, where permitted in the zoning by-law, would be permitted without regard to the date of construction of the primary or ancillary building.

4. Housekeeping regulatory changes

a. Regulations under the Planning Act currently provide for requirements on how to give notice for various matters, including when a municipality is required to notify the public of subdivision applications and when it intends to establish a time frame for non-decision appeals for official plans/amendments.

Proposed content

As Schedule 12 to Bill 108 provides for the removal of provisions in the Planning Act for second notice of subdivision applications and provisions for some non-decision appeals for official plans/amendments, housekeeping changes are required in O. Reg. 544/06 “Plans of Subdivision” and O. Reg. 543/06 “Official Plans and Plan Amendments” to remove the redundant notice of a subdivision application and the notice requirements for non-decision appeals, which would no longer be necessary.

b. Regulations under the Planning Act provide for requirements to implement inclusionary zoning including restrictions and prohibitions on the authority under section 37 (Increased Density) when inclusionary zoning is authorized.

Proposed content

Schedule 12 to Bill 108 provides for section 37 (Increased Density) being replaced by the proposed provisions in respect of a community benefits charge. Housekeeping changes are required to amend O. Reg. 232/18: “Inclusionary Zoning” to remove the restrictions and prohibitions in respect of the municipal authority under section 37 (Increased Density) with inclusionary zoning.

In considering making a proposed new regulation and changes to existing regulations under the Planning Act, the government will continue to safeguard Ontarians’ health and safety, support a vibrant agricultural sector, and protect environmentally and culturally sensitive areas, including the Greenbelt.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Provincial Planning Policy Branch
Address

777 Bay Street
13th floor
Toronto, ON
M5G 2E5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from June 21, 2019
to August 6, 2019

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Contact