Proposed Planning Act Changes (Schedule 19 of Bill 140, the Building Ontario Faster Act, 2026)

The government is seeking public feedback on legislative changes to the Planning Act proposed in the Building Ontario Faster Act, 2026 that would prohibit certain appeals to the Ontario Land Tribunal.

Schedule 19 of Bill 140 proposes amendments to the Planning Act.

If passed, the proposed legislative amendments would make changes to address the following matter:

Minister’s Referrals to the Ontario Land Tribunal

Currently the Minister of Municipal Affairs and Housing can refer official plan matters to the Ontario Land Tribunal for a recommendation or for a decision at any time. A municipality or, where applicable, an applicant has the ability to appeal an official plan matter to the Ontario Land Tribunal after 120 days of the complete record being received if the Minister hasn’t made a decision within that timeframe. 

The proposed changes to the Planning Act would provide that when the Minister has referred an official plan matter to the Ontario Land Tribunal for a recommendation or a decision, there is no ability to appeal that matter for the failure to make a decision. It is proposed that the change would apply retroactively to address matters that have previously been referred to the Ontario Land Tribunal. If passed, this will provide greater procedural clarity for the Ontario Land Tribunal on matters referred to it by the Minister. 

Impact on the Environment

The proposed legislative changes are anticipated to have a neutral impact on the environment as they provide increased clarity on the process to resolve certain land use planning disputes.

Analysis of Regulatory Impact:

The proposed changes would prohibit the appeal of any official plan matter for the failure to make a decision if the Minister has referred the matter to the Ontario Land Tribunal. It is anticipated that this change would reduce the number of appeals before the Ontario Land Tribunal and improve procedural clarity. 

Estimated administrative costs to municipalities are minimal and only in relation to learning about the changes and updating processes/documents as required. 

Municipalities, the Ontario Land Tribunal and applicants are expected to save time and costs (where applicable). It is anticipated that Ontarians would generally benefit from the proposed changes as they are intended to create more certainty in development approvals and streamline development approval processes, which are anticipated to save time and money.