Proposed Regulation for the establishment of requirements and standards with respect to secondary residential units: Parking requirements for second residential units; Occupancy requirements for the primary unit or second residential unit; and Authorizing second residential units in all dwellings regardless of date of construction
Regulation - LGIC
Bill or Act:
Summary of Decision:
A new regulation for additional residential units came into force on September 3, 2019. The regulation is needed to facilitate how changes to the Planning Act are implemented and to remove certain zoning barriers related to creating additional residential units.
Analysis of Regulatory Impact:
March 7, 2017
Summary of Proposal:
The Strong Communities through Affordable Housing Act, 2011 (Bill 140), received Royal Assent on May 04, 2011, and amended various sections of the Planning Act to facilitate the creation of second residential units. The changes to the Planning Act for second residential units came into effect on January 1, 2012. Authority was provided for the Minister of Housing to make regulations authorizing the use of and prescribing requirements and standards with respect to second residential units.
It is proposed that a regulation under s. 35.1(2)(b) of the Planning Act could, if made, set out requirements and standards with respect to second residential units referred to in s. 16 (3) of the Planning Act as follows:
-A maximum of one parking space would be required for a second residential unit, where second residential units are permitted, which includes "tandem parking", which would be defined as a parking space that is only accessed by passing through another parking space from a street, lane or driveway;
-A second residential unit, where permitted in the zoning by-law, may be occupied by any person in accordance with s. 35(2) of the Planning Act, and, for greater clarity, regardless of whether the primary unit is occupied by the owner of the property; and
-A second residential unit, where permitted in the zoning by-law, would be permitted without regard to the date of construction of the primary building.
The regulation purpose is to facilitate implementation and creation of second units.
Ministry of Municipal Affairs and Housing
Local Government and Planning Policy Division
Provincial Planning Policy Branch
777 Bay Street
August 29, 2019