Consultation on Enhanced Development Standards – Lot Level (outside of buildings)

The government is seeking public feedback on proposed legislative and regulatory changes under the Fighting Delays, Building Faster Act, 2025 to streamline the construction of new homes and infrastructure (e.g., water, wastewater, roads, transit), reduce gridlock, enhance community safety, and improve landlord-tenant frameworks.

The Ministry of Municipal Affairs and Housing (MMAH) is seeking input on the use of enhanced development standard at the lot level, specifically outside the building envelope; for example, this could apply to green development standards that are required by only some municipalities, and not in a consistent manner. This consultation aims to better understand current municipal practices, and assess what future policy guidance, regulatory or legislative changes are needed to streamline, standardize, and prohibit enhanced development standards while continuing to ensure health and safety.

Municipalities currently use land use planning tools such as zoning by-laws, site plan control, and agreements required as a condition of approval to require certain elements to be included in a development. Some of these requirements are referred to as “green development standards” but are not limited to such a definition.

While there is no definition of enhanced development standards in the Planning Act or the Provincial Planning Statement 2024, these matters may include: requirements for features such as bioswales, permeable pavement, and other vegetative elements, and direction around matters such as native tree planting and soil volume, and bicycle parking but are not limited to such items.

Enhanced development standards at the lot level can vary across jurisdictions, which may result in inconsistent requirements, added costs, and complexity for builders working in multiple municipalities.

This consultation supports the province’s broader objectives of ensuring efficient, timely, and affordable development while maintaining health and safety.

Background

In June 2025, the Ontario government passed Bill 17, the Protect Ontario by Building Faster and Smarter Act, 2025 . This legislation amended the Building Code Act, 1992, adding section 35(1.1) to clarify that municipalities’ broad powers under the Municipal Act, 2001 or the City of Toronto Act, 2006 do not authorize them to pass by-laws respecting the construction or demolition of buildings. This was in response to municipalities requiring standards that exceeded the Building Code, particularly in relation to “green building standards”, which varied across municipal jurisdictions, leading to inconsistencies, higher costs, and added complexity for homebuilders.

Many municipalities also apply enhanced development standards – which in some jurisdictions may be referred to, in part or full, as ‘green development standards’ outside the building envelope through site plan control and other planning tools. The Provincial Planning Statement, 2024 (PPS) also includes policy direction that planning authorities shall plan to reduce greenhouse gas emissions and prepare for the impacts of a changing climate, including through approaches that promote green infrastructure, low impact development, and active transportation.

Purpose of the Consultation

As a continuation of Bill 17’s focus on ensuring consistent application of the Ontario Building Code, the Ministry of Municipal Affairs and Housing (MMAH) is undertaking this consultation to gather input from stakeholders including municipalities, planning professionals, and the homebuilding, and construction sectors on the current state of affairs, limitations, and challenges associated with municipalities’ use of enhanced development standards at the lot level. The goal is to streamline, standardize, and prohibit the mandatory use of enhanced development standards that do not relate to maintaining health and safety.

By incorporating stakeholder feedback, the Ministry can ensure that any future changes are technically and economically sound, and supportive of housing delivery goals while maintaining health and safety.

The government welcomes your input on the use of enhanced development standards at the lot level (outside of buildings). To support this consultation, stakeholders may wish to consider the following questions:

1. What is your interest in and/or experience with the implementation of enhanced development standards at the lot level (outside of buildings)? For example, are you a municipal staff member, homebuilder, planner, Indigenous representative, or member of the public?
2. In your experience, are enhanced development standards applied consistently across municipalities? Please provide examples where possible.
3. What types of standards, should municipalities be allowed to apply outside of buildings and how do these requirements maintain the health and safety of the site if at all?
4. Do you / your organization have information about the short- and long-term costs of enhanced development standards at the lot level?
5. Do you have any additional comments or suggestions relating to site plan control or other related subjects?

Potential Outcomes

Feedback received through this consultation may help to inform future policy direction or legislative/regulatory changes

Impact on the Environment

This consultation is being undertaken to gather input and does not propose any immediate changes to legislation, regulation, or policy. As such, there are no direct environmental impacts associated with this posting at this time.

Regulatory Impact Analysis

No legislative, regulatory, or policy changes are being proposed as part of this consultation. The Ministry intends to engage stakeholders to better understand current practices and challenges. Should any changes be considered in the future as a result of this consultation, a Regulatory Impact Assessment will be prepared in accordance with government decision-making processes.