Proposed Regulatory Changes under the Planning Act Relating to the Cutting Red Tape to Build More Homes Act, 2024 (Bill 185): Removing Barriers for Additional Residential Units

Through the More Homes Built Faster Act, changes were made to the Planning Act to accelerate implementation of the province’s additional residential unit (ARU) framework.

These changes allow “as-of-right” (without the need to apply for a rezoning) the use of up to 3 units per lot in 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).  

This as-of-right permission applies 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).  For all other areas (outside areas that are fully serviced - e.g., rural areas, land on partial or private servicing), the proposed framework is discretionary.

Changes were also made to remove certain barriers (i.e., development charges, parkland requirements, minimum unit sizes and parking requirements) to encourage the creation of more additional residential units.

To support implementation of ARUs, an enhanced regulation-making authority is proposed as part of Bill 185, the proposedCutting Red Tape to Build More Homes Act, 2024. This would provide the Minister with broader authority to remove municipal zoning by-law barriers that may be limiting the development of ARUs.

A proposed enhanced regulation-making authority could help create additional residential units, such as basement suites, by eliminating barriers including maximum lot coverage and limits on bedrooms allowed per lot​.

We are interested in specific zoning by-law requirements and/or standards that are a barrier to the developments of ARUs.

Discussion Questions

1. Are there specific zoning by-law barriers standards or requirements that frustrate the development of ARUs (e.g., maximum building height, minimum lot size, side and rear lot setbacks, lot coverage, maximum number of bedrooms permitted per lot, and angular plane requirements, etc.)?

2. Are there any other changes that would help support development of ARUs?