June 12th, 2019
Bill 108, More Homes, More Choice Act, 2019
On June 6, 2019 Bill 108, More Homes, More Choice Act, 2019 received Royal Assent. It was introduced by the Ministry of Municipal Affairs and Housing to amend 13 statutes including but not limited to, the Planning Act, Local Planning Appeal Tribunal Act, Ontario Heritage Act, and Development Charges Act. A key objective of amending the various statutes, especially those related to the Ontario planning regime, is to increase the housing supply to allow for greater affordability for homeowners and renters. The Bill proposes changes to the following regulations:
·Cannabis Control Act, 2017
·Conservation Authorities Act
·Development Charges Act, 1997
·Education Act
·Endangered Species Act, 2007
·Environmental Assessment Act
·Environmental Protection Act
·Labour Relations Act, 1995
·Local Planning Appeal Tribunal Act, 2017
·Occupational Health and Safety Act
·Ontario Heritage Act
·Planning Act
·Workplace Safety and Insurance Act, 1997
Key Changes
The following are summaries of key amendments, this list is not exhaustive.
With regards to the Local Planning Appeal Tribunal processes, Bill 108 has reinstated the de novo approach as opposed to making appeals based on compliance with provincial and municipal policies and plans. Bill 108 also eliminated the two-step process; the LPAT will no longer send the matter back to the decision maker for a new decision.
Bill 108 has amended subsection 17 (26) of the Planning Act to shorten the appeal period for OPA’s, ZBLA’s and subdivision applications to allow for decisions to be made in a timelier manner.
An amendment made to section 37 of the Planning Act allows municipalities by by-law to impose community benefits charges to pay for the capital costs of facilities and services associated with development or redevelopment. The Community Benefits Charge (CBC) will combine section 37 benefits and parkland dedication and certain development charges. The Community Benefits Charge By-law will identify the facilities, services and matters to be funded through certain developments. Charges may now also be imposed on a greater number of planning approvals including zoning by-law amendments, minor variances, plans of subdivision, severances, condominium plans, the lifting of part lot control and the issuance of a building permit. Previously, section 37 benefits applied only to zoning by-law which increases height or density of a development.
Bill 108 amended section 16 (3) to authorize, through official plan policies, the use of additional residential units by authorizing the use of two residential units in a detached house, semi-detached house or rowhouse, and the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse. In essence, this is allowing official plan policies to permit a second unit in the main single dwelling unit and in any ancillary building.
The key purpose of Bill 108: More Homes, More Choice Act, 2019 is to amend various regulations related to housing development approvals processes. This includes, but not limited to, objectives that lower and provide certainty for development related municipal costs, expediting the land use planning process, and ensuring residents have greater access to appeals.
Additional information can be found here:
https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-108
