Regulation - LGIC

Proposed Regulations under the Planning Act

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Planning Act
Summary of Decision:
To address the need for better affordable housing choices, the Promoting Affordable Housing Act, 2016 proposed amendments to the Planning Act that would enable municipalities to use inclusionary zoning through the land-use planning system. Based on input received on this proposal, matters were considered for regulatory proposals.
Analysis of Regulatory Impact:
The regulation is not anticipated to impose any new administrative costs for Ontario business.
Further Information:
Proposal Number:
16-MAH021
Posting Date:
May 19, 2016
Summary of Proposal:
The Ministry of Municipal Affairs and Housing (MMAH) is proposing to consult on a potential new regulation or regulations under the Planning Act if Schedule 4 to the Promoting Affordable Housing Act, 2016 is passed by the Legislature and comes into force on a day to be named.

Inclusionary Zoning:

Bill 204, the Promoting Affordable Housing Act, 2016 was introduced and received first reading on May 18, 2016.

Schedule 4 to the Promoting Affordable Housing Act, 2016 proposes amendments to the Planning Act which would, if passed, establish a framework for municipalities to pass inclusionary zoning by-laws.

If Schedule 4 to the Promoting Affordable Housing Act, 2016 is passed by the Legislature and comes into force on a day to be named, new regulatory authority under the Planning Act is proposed which may prescribe requirements for matters related to the proposed inclusionary zoning framework.

Proposed consultation on regulatory amendments:

If Schedule 4 to the Promoting Affordable Housing Act, 2016 is passed, the proposed amendments would establish regulatory authority to:

Prescribe the content of inclusionary zoning policies in municipal official plans including:
- the goals and objectives of a municipal inclusionary zoning framework
- method of ensuring affordability of the units over time
- details relating to elements such as size of building
- number of affordable units required
- target income groups
- the period of time for which affordable housing units must be maintained as affordable
- unit type
- municipal measures or incentives
- direction on access requirements for the affordable units

Prescribe the content of inclusionary zoning by-laws:
- size of proposed buildings which would trigger inclusionary zoning requirements for affordable units
- number of affordable units required
- target income groups and/or sale price or rent
- the period of time for which affordable housing units must be maintained as affordable and unit type
- municipal measures or incentives and information required to support inclusionary zoning policies and by-laws

Prescribe the content of agreements that may be required to maintain the affordable units over a period of time
Prescribe the procedures for monitoring and ensuring affordable housing units are maintained for the required period of time
Prescribe the circumstances under which section 37 of the Planning Act may be used when an inclusionary zoning by-law is in effect
Prescribe the content, timing and distribution of municipal reports and information concerning affordable housing units
Prescribe a transition date in relation to matters and proceedings started before or after the effective date and/or the date of municipal adoption of inclusionary zoning policies and/or zoning.

You may provide comments using the Consultation Guide at the link provided.
Contact Address:
Effective Date:
April 11, 2018
Decision:
Approved