Proposed Changes to Support Standardizing of Parkland Requirements Under the Planning Act

The government is seeking public feedback on proposed legislative changes under the proposed Building Homes and Improving Transportation Infrastructure Act, 2026 and related regulatory changes to further support housing, economic, and infrastructure development, and advance key transportation and transit priorities.

The government is seeking public feedback on a Minister’s regulation under the Planning Act to prescribe criteria for developer-identified parkland and related implementation matters for the conveyance of developer-identified lands for municipal parkland dedication, to implement provisions in Bill 23, the More Homes Built Faster Act, 2022, that are not yet in force.

Bill 23 added provisions to the Planning Act which, once in force, would provide for:

• developer-identified lands, including land with encumbrances and POPS arrangements, to count towards municipal parkland dedication requirements,
• the landowner to be able to appeal to the Ontario Land Tribunal (OLT) in cases where the municipality rejects developer-identified land, with the OLT required to order the land to be conveyed to the municipality if it meets prescribed criteria.

The land suitability criteria that are proposed to be prescribed in regulation would include the following: 

1. Ineligible Land – land with any of the following conditions cannot be required to be conveyed to municipalities for park and recreational purposes:
   • Contaminated lands – lands that have in or on them any contaminants from industrial or other uses that pose a public health risk
   • Natural and human-made hazard lands – hazardous lands and hazardous sites as described in section 5.2 of the Provincial Planning Statement, 2024 (PPS 2024) as well as lands affected by human-made hazards as described in section 5.3 of the PPS 2024
   • Lands within and adjacent to natural heritage features and areas are eligible on the condition that a park would not interfere with or compromise the natural heritage features and areas

• Lands in the Natural Heritage System of the Greenbelt Plan or in the Natural Core or Natural Linkage Areas of the Oak Ridges Moraine Conservation Plan or unless in accordance with policies of the Niagara Escarpment Plan
  • Lands that would not support park use – lands that would not accommodate fill and/or soil depths to accommodate structural footings as per the Ontario Building Code or support tree planting
  • Lands with financial encumbrances – lands with liens, charges, etc. registered on title
  • Lands that are privately-owned and not accessible to public at all times

2. Land Accessibility/Comfort for Use – parkland must be accessible, visible and comfortable to facilitate public use of it and, in particular, must be:
   • Accessible by all users directly from the public realm and readily visible from the public realm
   • Land must be of a size and shape that is capable of serving park or public recreational purposes

Supporting Implementation Matters

1. Documents to Support Identification of Land

• Documentation of specified lands and boundaries, through a Plan of Survey and Topographic Plan.
• Attestation from the owner of the land or an authorized representative, to confirm that the land and/or POPS arrangement is not considered to be ineligible land.

2. Notice to Owners

• The municipality shall provide notice to the owner of the land within 20 days of the municipality making its decision to refuse, by personal service, fax, mail or email.
• Notice shall contain the following information:
  • A statement that the council of the municipality has refused to accept the conveyance of land identified in accordance with its parkland by-law.
  • An explanation of the reason(s) for the refusal.
  • A statement that the owner of the land may appeal the refusal, within 20 days of the notice being given, to the Ontario Land Tribunal by filing with the clerk of the municipality a notice of appeal.
  • The last day on which the refusal may be appealed.
  • A description of the lands to which the refusal applies.

3. Record to the Ontario Land Tribunal

• The landowner can appeal to the OLT a municipality’s refusal or, as proposed in the related legislative changes, a non-decision by filing with the clerk of the municipality. The municipal clerk would then have 15 days to forward a record to the OLT that would include the following proposed elements:
  • a copy of the materials submitted by the landowner (including the identification of land documentation), and
  • the notice of the municipality’s refusal, if applicable, as well as any staff report that the municipality considered in its decision to refuse the acceptance of the land.

We welcome your thoughts on the proposed regulatory changes.

Impact on the Environment

The proposed changes to the regulation could increase conveyance for suitable parkland, especially in urban areas, both because of the 70% credit potentially prompting a greater amount of lands being conveyed to satisfy the full parkland dedication requirement and because of the submission of lands not previously accepted by some municipalities instead of cash-in-lieu contributions. Alternatively, unencumbered fee simple lands that may otherwise have been conveyed may not be conveyed under the proposed changes. The Minister’s regulation proposes prescribed criteria related to the suitability of land that are intended to mitigate any negative impacts. Further, the Ministry will monitor implementation of these changes to ensure residents continue to have access to high quality local parks.

Analysis of Regulatory Impact

The proposed changes are expected to result in additional costs related to municipal staff learning about the changes. There could also be additional costs to municipalities related to legal costs associated with entering into agreements with landowners in respect of encumbered lands and POPS arrangements as part of municipal parkland dedication requirements. These legal costs are expected to increase because developers could meet all parkland requirements using encumbered lands or POPS arrangements, which municipalities would likely seek to secure through agreements. Overall, these proposed regulatory changes, along with the related proposed legislative changes, could increase direct compliance cost and administrative time across municipalities that impose parkland dedication requirements under section 42 of the Planning Act on a development or redevelopment. These changes, would ensure clarity to eventual challenges at the OLT, potentially speeding up approvals.