Act

Proposed Planning Act and City of Toronto Act Changes (Schedules 9 and 1 of Bill 23 - the proposed More Homes Built Faster Act, 2022)

Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Planning Act and City of Toronto Act
Summary of Decision:
Bill 23, the More Homes Built Faster Act, 2022 was passed by the Legislature and received Royal Assent on November 28, 2022.
Analysis of Regulatory Impact:
The anticipated economic benefits of this proposal overall would be positive in terms of impacts on the land development and construction industry and homeowners. The proposed changes to the land use planning system would expedite development (time savings), remove barriers and reduce costs (e.g., application fees) for the development sector and private homeowners.
There would be no annual administrative costs to businesses anticipated from these proposed changes.
However, based on preliminary analysis, there may be costs to municipalities as a result of these proposed changes. This would range from minimal direct compliance costs associated with municipal staff learning about the changes and adapting existing business processes, to significant one-time direct compliance costs for "upper-tier municipalities without planning responsibilities" and the lower-tier municipalities in those jurisdictions to revise administrative and financial processes and shift resources accordingly. It is expected that any additional costs associated with planning responsibilities would be taken on by lower-tier municipalities
The Ontario Land Tribunal would have an interest in these proposed changes and would be expected to benefit from the resulting reduced caseload, which could also help expedite the resolution of other appeals These impacts on the tribunal could also benefit municipalities, property owners and the development sector through faster decisions.
Further Information:
Proposal Number:
22-MMAH020
Posting Date:
October 25, 2022
Summary of Proposal:
Everyone in Ontario should be able to find a home that is right for them. But too many people are struggling with the rising cost of living and with finding housing that meets their family's needs.

Ontario's housing supply crisis is a problem which has been decades in the making. It will take both short-term strategies and long-term commitment from all levels of government, the private sector, and not-for-profits to drive change. Each entity will have to do their part to be part of the solution to this crisis.

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: 2022-2023, 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 visionary changes will place Ontario at the forefront of housing policy in North America.

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.

Bill X proposes changes to the Planning Act and City of Toronto Act, 2006 to further streamline approvals for housing and reduce barriers and costs to development so that cities, towns and rural communities can grow with a mix of ownership and rental housing types - from single family homes to townhomes and mid-rise apartments.

You are invited to share your thoughts on the changes proposed under the proposed More Homes Built Faster Act, 2022, which are set out in more detail below.

Proposed Planning Act Amendments

Schedule 9 of the Bill proposes a number of amendments to the Planning Act.

The proposed amendments, if passed, would, among other matters, support:

Addressing the Missing Middle

Changes are proposed to strengthen the existing "additional residential unit" framework. The proposed changes would allow, "as-of-right" (without the need to apply for a rezoning) up to 3 units per lot in many existing residential areas.
The proposed changes would supersede local official plans and zoning to automatically apply province-wide to any parcel of land where residential uses are permitted in settlement areas with full municipal water and sewage services (except for legal non-conforming uses such as existing houses on hazard lands).
To remove barriers and incent these types of units, the proposed changes would also prohibit municipalities from imposing development charges, parkland dedication or cash-in-lieu requirements [link to MFPB posting], applying minimum unit sizes or requiring more than one parking space per unit in respect of any second unit in a primary building and any unit in an ancillary structure.
Higher Density Around Transit

Changes are proposed to require municipalities to implement "as-of-right" zoning for transit supportive densities in specified areas around transit stations, known as "major transit station areas" (MTSAs), and "protected major transit station areas" (PMTSAs) that have been approved by the Minister.
If passed, the changes would require municipalities to update their zoning by-laws to permit transit-supportive densities as-of-right within 1 year of MTSA or PMTSA approval; if zoning updates were not undertaken within the 1-year period, the
Contact Address:
Royal Assent Date:
December 19, 2022
Decision:
Approved