Proposed Changes to Ontario Regulation 299/19: Additional Residential Units

ERO number
Notice type
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Proposal posted
Comment period
October 25, 2022 - December 9, 2022 (45 days) Open
Last updated

This consultation closes at 11:59 p.m. on:
December 9, 2022

Proposal summary

Changes are being proposed to Ontario Regulation 299/19: Additional Residential Units.  These are consequential amendments resulting from changes to the Planning Act proposed through Bill 23 to make it easier to build new homes for Ontarians as part of the government’s commitment to build 1.5 million homes over the next ten years.

Proposal details

Everyone in Ontario should be able to find a home that is right for them. But too many people are struggling with the rising cost of living and with finding housing that meets their family’s needs. 

Ontario’s housing supply crisis is a problem which has been decades in the making. It will take both short-term strategies and long-term commitment from all levels of government, the private sector, and not-for-profits to drive change. Each entity will have to do their part to be part of the solution to this crisis. 

Ontario needs more housing, and we need it now. That’s why the Ontario government is taking bold and transformative action to get 1.5 million homes built over the next 10 years. 

To support Ontario’s More Homes Built Faster: Ontario’s Housing Supply Action Plan: 2022-2023, the government introduced the More Homes Built Faster Act, 2022, which, if passed, would ensure that cities, towns, and rural communities grow with a mix of ownership and rental housing types that meet the needs of all Ontarians. 

These changes are providing a solid foundation to address Ontario’s housing supply crisis over the long term and will be supplemented by continued action in the future.  

As part of More Homes Built Faster: Ontario’s Housing Supply Action Plan: 2022-2023, the government has introduced Bill 23. Schedule 9 of the Bill proposes amendments to the Planning Act to support gentle intensification in existing residential areas. The proposed changes, if passed, would, among other matters:

  • Accelerate implementation of an updated “additional residential unit” framework.  The proposed changes would allow, “as-of-right” (without the need to apply for a rezoning) up to 3 units per lot in many existing residential areas (i.e., up to 3 units allowed in the primary building, or up to 2 units allowed in the primary building and 1 unit allowed in an ancillary building such as a garage).
  • Supersede local official plans and zoning to automatically apply province-wide to any parcel of land where residential uses are permitted in settlement areas with full municipal water and sewage services (excepting for legal non-conforming uses such as existing houses on hazard lands). 
  • Remove barriers and incent these types of units by prohibiting municipalities from imposing development charges, parkland dedication or cash-in-lieu requirements (Proposed Planning Act and Development Charges Act Changes: Providing Greater Cost Certainty for Municipal Development-related Charges), applying minimum unit sizes or requiring more than one parking space per unit.

As a result of these proposed legislative changes, consequential amendments to Ontario Regulation 299/19: Additional Residential Units (O. Reg. 299/19) are also being proposed to:

  • remove provisions that are no longer needed, and
  • make housekeeping edits to align with and complement the proposed legislative changes.

Analysis of Regulatory Impact:

Supporting materials

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