Proposed Amendments to the Ontario Land Tribunal Act, 2021
Bill or Act:
Ontario Land Tribunal Act, 2021
Summary of Proposal:
Bill 23, the More Homes Built Faster Act, 2022 was passed by the Legislature and received Royal Assent on November 28, 2022. We have extended the deadline of this posting to enable your feedback to continue to be submitted so that it can help inform the implementation of this proposal as well as future initiatives.
Ontario needs more housing, and we need it now. That's why the Ontario government is taking bold and transformative action to get 1.5 million homes built over the next 10 years.
To support More Homes Built Faster: Ontario's Housing Supply Action Plan 2022-23, the government introduced the More Homes Built Faster Act, 2022, which, if passed, would ensure that cities, towns, and rural communities grow with a mix of ownership and rental housing types that meet the needs of all Ontarians.
These changes are providing a solid foundation to address Ontario's housing supply crisis over the long term and will be supplemented by continued action in the future.
The Ontario Land Tribunal (OLT), which reports to the Ministry of the Attorney General (MAG), plays a critical role in Ontario's land use planning system, including resolving disputes which affect housing creation.
As part of HSAP 3.0, MAG is proposing to amend the Ontario Land Tribunal Act, 2021 (OLTA) to:
a) Clarify the OLT's powers to dismiss appeals due to unreasonable delay by parties. Prior to dismissal, parties would be given notice of the OLT's intent to dismiss and an opportunity to respond in accordance with the OLT's Rules of Practice and Procedure.
b) Clarify the OLT's powers to order an unsuccessful party to pay a successful party's costs. This proposed amendment is intended to encourage parties to reach an agreement without going through the Tribunal. If the OLT decides to award costs, costs would be ordered in accordance with its Rules of Practice and Procedure, which could address when costs for a successful party may be awarded.
c) Enable priority criteria to be established in regulation to help ensure that OLT cases that create the most housing, for example, will be resolved as quickly as possible. A new Lieutenant Governor in Council (LGIC) regulation under the OLTA would be developed after consultations with affected ministries and posting on the Regulatory Registry.
d) Enable service standards (i.e., timelines) for specific case resolution activities at the OLT to be set in regulation. A new Minister's regulation under the OLTA would be developed after consultation with the public and stakeholders via a posting on the Regulatory Registry.
To support the implementation of the above-noted proposed amendments, the government would also invest in more adjudicators and other resources for the OLT to speed up proceedings, resolve cases faster, hear priority projects sooner, and reduce the number of outstanding cases so that more housing can be created.
Analysis of Regulatory Impact:
The proposed amendments to the OLTA that would (1) enable service standards to be set in regulation; and (2) enable priority criteria to be established in regulation, would not create any new benefits, costs, or other impacts because of the legislation itself.
The proposed amendments to the OLTA that would (3) clarify the OLT's powers to dismiss appeals due to unreasonable delay by parties; and (4) clarify the OLT's powers to order an unsuccessful party to pay a successful party's costs, may affect regulated entities such as developers and municipalities, to the extent that the powers are used by the OLT. However, as the OLT has adjudicative discretion to exercise its powers, the potential impact of this proposal is unknown.
October 25, 2022
Comments Due Date:
December 9, 2022
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9