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

ERO number
019-8366
Notice type
Act
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
April 10, 2024 - May 10, 2024 (30 days) Closed
Last updated

This consultation was open from:
April 10, 2024
to May 10, 2024

Decision summary

Changes were made through Bill 185, the Cutting Red Tape to Build More Homes Act, 2024, to enhance regulation-making authority and allow the Minister to remove and override municipal zoning by-law provisions that limit the development of additional residential units (ARUs).

Decision details

Changes were made through Bill 185, the Cutting Red Tape to Build More Homes Act, 2024, to enhance regulation-making authority and allow the Minister to remove and override municipal zoning by-law provisions that limit the development of additional residential units (ARUs).

Comments received

Through the registry

71

By email

15

By mail

0
View comments submitted through the registry

Effects of consultation

86 comments were received during the consultation period, including 71 comments submitted directly through the ERO and 15 comments submitted via email. 60 of the submissions addressed the proposal, while the remaining 26 made general comments about land use planning in Ontario.

Of the comments received with direct relevance to the legislative changes, there was general support for ARUs as one of the tools available to increase the supply of housing through gentle densification. While several submissions expressed concerns with a potential provincial “one size fits all” approach, other submissions expressed support for increasing consistency for zoning by-law rules across municipal jurisdictions and an increase in what is permitted “as of right” (i.e., without the need for a re-zoning or minor variance) in urban residential areas on full municipal services.

A number of submissions also made comments on Bill 185’s legislative proposals, which were considered as part of the concurrent consultation on Bill 185 (for more information on the consultation of Bill 185’s legislative changes, please see ERO posting #019-8369).

Bill 185, the Cutting Red Tape to Build More Homes Act, 2024, received Royal Assent on June 6, 2024. Changes made to the Planning Act to enhance the Minister’s regulation-making authority to address municipal zoning by-law standards that could limit the development of ARUs took effect on the same day.

Based on the feedback received, through this ERO posting and other advice to government, the Ministry launched a second consultation on the contents of the proposed regulation ERO posting #019-9210.

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Original proposal

ERO number
019-8366
Notice type
Act
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

April 10, 2024 - May 10, 2024 (30 days)

Proposal details

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

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.

Planning Policy Branch
Address

777 Bay Street
13th floor
Toronto, ON
M7A 2J3
Canada

Comment

Commenting is now closed.

This consultation was open from April 10, 2024
to May 10, 2024

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