Proposed Planning Act, City of Toronto Act, 2006, and Ministry of Municipal Affairs and Housing Act Changes (Schedules 2, 4, and 6 of Bill 97 - the proposed Helping Homebuyers, Protecting Tenants Act , 2023)

Ontario continues to take action to tackle the province's housing supply crisis. We have already introduced a range of measures to increase housing supply and we can see their growing and positive impact. We know it will take time for their impact to be fully felt, but we will continue to move forward with policies aimed at ensuring we reach our goal of 1.5 million homes by 2031.

In this year's housing supply action plan the Helping Homebuyers, Protecting Tenants plan we are combining the Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater Golden Horseshoe into a proposed single document that will streamline Ontario's land use planning rules and encourage more housing.

We're also introducing new legislation called Bill 97: the proposed Helping Homebuyers, Protecting Tenants Act, 2023 and taking steps to make life easier for both renters and home buyers. In partnership with municipalities, we will create the homes that Ontarians need today, tomorrow and in the decades to come.

Proposed Planning Act Amendments

Schedule 6 of the Bill proposes a number of amendments to the Planning Act.

The proposed amendments, if passed, would, among other matters, address:

Fee Refund Provisions

• Delay the requirement for municipalities to refund zoning by-law and site plan application fees so that it only applies to applications submitted on or after July 1, 2023.
• Create Minister’s regulation-making authority to be able to exempt municipalities from the fee refund provisions in the future if needed (no exemptions are being proposed at this time).

Consequential Changes to Support Implementation of the More Homes Built Faster Act, 2022 (Bill 23)

• Clarify that the existing provisions regarding parking spaces for additional residential units apply only to the second and third units on a property.
• Make various minor housekeeping edits to support implementation, including the use of consistent terminology.

Regulation-Making Authority for Site Plan Control for 10 Units or Less

• Create regulation-making authority to prescribe specific circumstances where site plan control could be used for residential developments of 10 units of less.

Appeals of Interim Control By-laws

• Enable an individual who received notice of the passing of an interim control by-law to appeal the by-law at the time of initial passing (rather than only at the time of extension).
• Amend the notice and appeal timelines to provide 20 days for municipalities to give notice of the passing of an interim control by-law or a by-law extension (instead of the current 30 days) and for appeals to be made within 50 days of the by-law being passed.

New Authority for Minister’s Zoning Orders

• Provide the Minister of Municipal Affairs and Housing with the authority to exempt certain subsequent approvals required to establish uses permitted by Minister’s zoning orders from having to align with provincial plans or policies.

Ministerial Authority to Require Development Agreements

• Provide the Minister of Municipal Affairs and Housing with the authority to require landowners to enter development agreements in relation to lands that have been assigned to the Provincial Land and Development Facilitator.

Schedule 2 of Bill 97 would also make consequential amendments to the City of Toronto Act, 2006 related to proposed changes on site plan control.

Changes to Support the Review of Provincial Policies - Review of proposed policies adapted from A Place to Grow and Provincial Policy Statement to form a new provincial planning policy instrument. | Environmental Registry of Ontario

Changes to Employment Area Protections

• Modify the definition of area of employment to only include heavy industry and other employment uses that cannot be located near sensitive uses, (i.e., not suitable for mixed use) to scope the applicability of existing provisions which limit appeals of municipal refusals and non-decisions.

Regulation-making Authority for New Provincial Policy Document

• Create regulation-making authority to modify the application of provincial policy statements to decisions on particular matters to support the implementation of provincial policies on a case-by-case basis.

Proposed Ministry of Municipal Affairs and Housing Act Amendment

Schedule 4 of the Bill proposes an amendment to the Ministry of Municipal Affairs and Housing Act to provide for the appointment of up to four Deputy Provincial Land Development Facilitators.

Bill 97 provides more detail on all the proposed reforms and can be viewed on the website identified below.