Proposed Changes to Regulations under the Planning Act and Development Charges Act, 1997 Relating to the Bill 185, Cutting Red Tape to Build More Homes Act, 2024 (Bill 185): Newspaper Notice Requirements and Consequential Housekeeping Changes

As part of Ontario’s latest Red Tape Reduction package, Bill 185, the proposed Bill 185, Cutting Red Tape to Build More Homes Act, 2024, proposes a number of legislative proposals, including changes to the Planning Act and Development Charges Act, 1997, intended to continue streamlining planning approvals, enhance municipalities’ ability to invest in housing-enabling infrastructure, and increase housing supply.

In support of these legislative proposals, regulatory changes are also being proposed to existing regulations under the Planning Act and Development Charges Act, 1997.

This proposal notice is seeking feedback on the following regulatory proposals:

1. Modernizing Public Notice Requirements

The Planning Act and its regulations provide the basis for, among other matters, ensuring local citizens are notified about planning proposals and are given opportunities to express their views to decision makers. This includes prescribing requirements for:

• notices of new applications, open houses and public meetings
• the manner in which notice is given (e.g., posting in newspaper, mail, sign on the subject property), and
• the persons to be notified and the content of notices.

When giving notice of a public meeting on a proposed official plan amendment, for example, a municipality must either give notice by:

• personal service or mail to every landowner within a specified distance (120 meters) of the subject land and posting a notice on or near the property, or
• publishing a notice in a newspaper with sufficient general circulation in the area where the proposed official plan amendment would apply.

In recent years, it has become more challenging for some municipalities to give notice by newspaper as more community papers have ceased print publication. The government has heard concerns from municipalities regarding these issues and is proposing to take action to modernize the process and improve public engagement.

Through proposed regulatory changes, municipalities would be provided with an additional manner of giving notice to meet the statutory land use planning notice requirements. In addition to other ways of giving notice, municipalities would be able to provide notice on a municipal website if there is no local print newspaper available.

Further, the Development Charges Act, 1997 and Planning Act, as well as regulations under those Acts, establish minimum standards for providing notification of a public meeting on a proposed development charge (DC) by-law, or passage of a by-law relating to DCs or community benefit charges (CBCs), including the manner in which notice is given. Municipalities are required to give such notices either to every landowner in the area subject to the by-law or by publishing in a newspaper with sufficiently general circulation in the area to which the by-law would apply. However, in some municipalities, community newspapers have ceased publication, as noted above.

The proposed changes would modernize public notice requirements relating to DCs and CBCs, by amending regulations under the Development Charges Act, 1997 and the Planning Act. The proposed housekeeping amendments would enable municipalities to give notice of a proposed new/amending by-law or passage of a by-law on a municipal website, if a local newspaper is not available.

The proposed changes would be made to the following regulations under the Planning Act:

• Ontario Regulation 543/06 – Official Plans and Plan Amendments
• Ontario Regulation 545/06 – Zoning By-laws, Holding By-laws and Interim Control By-laws
• Ontario Regulation 544/06 – Plans of Subdivision
• Ontario Regulation 197/96 – Consent Applications
• Ontario Regulation 200/96 – Minor Variance Applications
• Ontario Regulation 509/20 – Community Benefits Charges and Parkland

The proposed changes would be made to the following regulation under the Development Charges Act, 1997:

• Ontario Regulation 82/98 – General

Public consultation is a central and mandatory element of Ontario’s land use planning system. It provides an opportunity for the local community to share input, including attending public meetings, expressing views on development proposals and participating policy development.  The proposed changes support this key principle of public consultation, adding to the ways in which public notice can be given in today’s environment.

In addition to modernizing how notice can be provided through municipal websites, the ministry is also working to identify best practices for public engagement, including how municipalities engage culturally diverse communities through non-English and French languages.

2. Consequential Housekeeping Amendments

Third-Party Appeals

Bill 185 proposes changes that, if passed, would limit appeal rights for official plans, official plan amendments, zoning by-laws and zoning by-law amendments.

The proposed changes would help communities get quicker planning approvals for housing projects, reduce building costs, and in some cases reduce project delays by up to 18 months. Between 2021 and 2023, approximately 67,000 housing units were subject to third-party appeals of official plans and rezoning.

As a result of these changes, consequential amendments are also being proposed to two regulations under the Planning Act to support implementation:

• Ontario Regulation 543/06 – Official Plans and Plan Amendments, and
• Ontario Regulation 545/06 – Zoning By-Laws, Holding By-laws and Interim Control By-laws.

The proposed regulatory changes would amend provisions in these regulations that require notices related to official plan and zoning by-law matters to include certain statements.

Prescribed Time Period Regarding New Evidence Introduced at an Ontario Land Tribunal Hearing

Changes are proposed to Ontario Regulation 549/06 – Prescribed Time Period under the Planning Act that would re-establish the prescribed time period for a municipality to review new evidence introduced in a hearing at the Ontario Land Tribunal. This change would enable the provisions related to sending new information and material back to a municipality, reintroduced through the More Homes, More Choice Act, 2019 (Bill 108), to operate effectively and expediently.

Summary

Together, the proposed regulatory changes would modernize public notice requirements and support implementation of related legislative proposals that are intended to streamline approvals and increase the supply of housing across Ontario. The feedback received on this proposal will be used to inform the development of the regulatory changes.

Related Proposals

To see a listing of all proposal notices related to HSAP 5.0, please see the following posting: ERO Posting - ERO 019-8365 - Bill 185, the Proposed Cutting Red Tape to Build More Homes Act, 2024 – Housing Initiatives

For an overview of the land use planning changes proposed to be made by Bill 185 to the Planning Act and related legislation, please see the following posting: ERO Posting - Bill 185 –  Proposed Planning Act, City of Toronto Act, 2006 and Municipal Act, 2001 changes (the proposed Cutting Red Tape to Build More Homes Act, 2024)