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

ERO number
019-6197
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
October 25, 2022 - December 9, 2022 (45 days) Closed
Last updated

This consultation was open from:
October 25, 2022
to December 9, 2022

Decision summary

Minor consequential changes have been made to Ontario Regulation 299/19: Additional Residential Units. The changes are intended to bring the regulation into alignment with the Planning Act changes made by Bill 23, the More Homes Built Faster Act, 2022 regarding additional residential units.

Decision details

Bill 23, the More Homes Built Faster Act, 2022 makes changes to the Planning Act to support gentle intensification in existing residential areas. The changes, which came into force upon Royal Assent on November 28, 2022, accelerate implementation of an updated “additional residential unit” framework by allowing up to three units per lot in many existing residential areas. 

The updated “additional residential unit” framework supersedes local official plans and zoning provincewide on any parcel of land where residential uses are permitted in settlement areas with full municipal water and sewage services (except for legal non-conforming uses such as existing houses on hazard lands). The changes also prohibit municipalities from:

  • applying minimum unit sizes or requiring more than one parking space in connection with these units, and
  • imposing development charges (regardless of unit size) or requiring parkland dedication or cash-in-lieu in connection with any second or third units in primary buildings or second units in ancillary structures on sites with no more than two units in the primary building.

Regulatory Changes

Ontario Regulation 299/19 – “Additional Residential Units” under the Planning Act establishes requirements and standards for additional residential units, such as parking standards.

As a result of the legislative changes, the government has made minor housekeeping edits to the “definitions” provision to align the regulation with the Bill 23 changes.

You can view a copy of the amending regulation on Ontario’s e-Laws: Ontario Regulation 593/22  – amending Ontario Regulation 299/19 “Additional Residential Units.”

Comments received

Through the registry

125

By email

34

By mail

0
View comments submitted through the registry

Effects of consultation

The government received 159 submissions during the comment period from municipalities, stakeholders, and members of the public.

Most submissions provided comments on the Bill 23 changes to the Planning Act, (rather than the regulation itself) sharing a range of perspectives – from those supportive of the updated “additional residential unit” framework to those identifying concerns with the Planning Act changes. 

With respect to the “Additional Residential Units” regulation, some comments expressed general support for having provincial standards for additional residential units set out in regulation. However diverse perspectives were shared on the types of matters that should be regulated.

Some submissions requested amendments to the regulation to allow for local discretion regarding parking requirements for additional residential units and to provide considerations for servicing and infrastructure capacity, including community infrastructure. 

Other submissions requested amendments to further regulate other potential “barriers” to the creation of additional residential units, such as permissions to tear down existing homes and/or build additions, more flexibility in the size and configuration of additional residential units (e.g., allow units on any floor of a primary dwelling) and to remove minimum parking requirements.
     
Some submissions sought clarification on certain matters to support implementation, such as:

  • whether municipalities can plan for greater densities (e.g., more than 3 units) on residential lands (e.g., lands planned for transit-oriented development)
  • whether other zoning standards can be applied (e.g., frontage, minimum lot area)
  • that the removal of barriers should not supersede certain legal requirements (e.g., Ontario Building Code).

Recommendations were also made for new provincial programs, such as a registry program to support homeowners when they are creating additional residential units and a monitoring program to evaluate the “additional residential units” framework.

The changes made to the regulation are in keeping with the ERO proposal notice to make housekeeping edits to align with and complement the Bill 23 changes to the Planning Act regarding additional residential units.

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Original proposal

ERO number
019-6197
Notice type
Regulation
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

October 25, 2022 - December 9, 2022 (45 days)

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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Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from October 25, 2022
to December 9, 2022

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