Ontario Housing Bills
Bill 23 received royal ascent on November 28, 2022 The Provincial Conservative government has brought in many acts to build Ontario and create the housing needed for our growing population
Bill 23 received royal ascent on November 28, 2022 The Provincial Conservative government has brought in many acts to build Ontario and create the housing needed for our growing population
Bill 45, Building More Homes on Major Streets & Transit Corridors Act, 2022 - first reading
https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-45
Bill 44, Building More Homes by Ending Exclusionary Zoning Act, 2022 - first reading
https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-44
Bill 39, Better Municipal Governance Act, 2022 - second reading
https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-39
https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-23
SCHEDULE 3
DEVELOPMENT CHARGES ACT, 1997
The Schedule makes various amendments to the Development Charges Act, 1997. Here are some highlights:
1. Subsection 2 (4) is amended to remove housing services as a service in respect of which a development charge may be imposed.
2. New sections 4.1, 4.2 and 4.3 provide, respectively, for exemptions from development charges for the creation of affordable residential units and attainable residential units, for non-profit housing developments and for inclusionary zoning residential units.
3. Changes are made to the method for determining development charges in section 5, including to remove the costs of certain studies from the list of capital costs that are considered in determining a development charge that may be imposed and to require development charges to be reduced from what could otherwise be imposed during the first four years a by-law is in force.
4. Currently, subsection 9 (1) provides that, unless it expires or is repealed earlier, a development charge by-law expires five years after it comes into force. The subsection is amended to extend this period to 10 years.
5. Section 26.2 is amended to provide that development charges in the case of rental housing development are reduced by a percentage based on the number of bedrooms. Transitional matters are provided for, including that the reduction applies to any part of a development charge payable under an agreement under section 27 that is in respect of a prescribed development and that was entered into before the day the amendments came into force, other than a part of the development charge that is payable under the agreement before the day the development was prescribed.
6. A new section 26.3 is added to provide a maximum interest rate for the purposes of sections 26.1 and 26.2. Complementary amendments are made to sections 26.1 and 26.2.
7. New subsections 35 (2) and (3) are added, which, for certain services, require a municipality to spend or allocate 60 per cent of the monies in the reserve funds required by section 33 annually.
SCHEDULE 4
MUNICIPAL ACT, 2001
The Schedule amends section 99.1 of the Municipal Act, 2001 to give the Minister the authority to make regulations imposing limits and conditions on the powers of a local municipality to prohibit and regulate the demolition and conversion of residential rental properties under that section.
Bill 2, Plan to Build Act (budget masures) 2022 - royal ascent
https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-2
Bill 109, More Homes for Everyone Act, 2022 - royal ascent
https://www.ola.org/en/legislative-business/bills/parliament-42/session-2/bill-109
Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020 - royal ascent
https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-184
Bill 138, Plan to Build Ontario Together Act, 2019 - royal ascent
https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-138
SCHEDULE 10
Development Charges Act, 1997
Section 26.1 of the Development Charges Act, 1997, which is not yet in force, sets out rules for when a development charge is payable in respect of certain types of development. The Schedule removes industrial development and commercial development from the types of development in section 26.1.
1. Rental housing development that is not non-profit housing development referred to in paragraph 3.
2. Institutional development.
3. Non-profit housing development.
SCHEDULE 25
Municipal Act, 2001
Subsection 329 (2) of the Municipal Act, 2001, which sets out how certain property taxes are to be determined, is amended to include rules about recalculating property taxes when there is a change to the permitted uses of land.
2.1 If there is a change to the permitted uses of the land in the year that would result in the assessment made under section 36 of the Assessment Act for the taxation year differing from the assessment made for the year, recalculate the taxes determined under paragraph 1 as if the change to the permitted uses of the land had applied for the entire year.
SCHEDULE 31
Planning Act
New section 37 of the Planning Act, which is not yet in force, is amended to set out a process for a person or public body to appeal a community benefits charge by-law to the Local Planning Appeal Tribunal.
A transitional provision is added to section 42 of the Act (by-laws requiring parkland as a condition of development or redevelopment) in respect of amendments to that section that are not yet in force.
Section 51.1 of the Act (parkland as a condition to approval of a plan of subdivision) contains a transitional provision in respect of amendments to that section that are not yet in force. This transitional provision is amended and another one is added.
1 (1) Section 37 of the Planning Act, as enacted by section 9 of Schedule 12 to the More Homes, More Choice Act, 2019, is amended by adding the following subsection:
(10.1) A community benefits charge by-law comes into force on the day it is passed or the day specified in the by-law, whichever is later.
(2) Section 37 of the Act, as enacted by section 9 of Schedule 12 to the More Homes, More Choice Act, 2019, is amended by adding the following subsections:
(11.1) The clerk of a municipality that has passed a community benefits charge by-law shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed.
(11.2) Notices required under subsection (11.1) must meet the prescribed requirements and shall be given in accordance with the regulations.
(11.3) Every notice required under subsection (11.1) must be given not later than 20 days after the day the by-law is passed.
(11.4) A notice required under subsection (11.1) is deemed to have been given on the prescribed day.
(11.5) Any person or public body may appeal a community benefits charge by-law to the Tribunal by filing with the clerk of the municipality on or before the last day for appealing the by-law, a notice of appeal setting out the objection to the by-law and the reasons supporting the objection.
(11.6) If the clerk of the municipality receives a notice of appeal on or before the last day for appealing a community benefits charge by-law, the clerk shall compile a record that includes,
(a) a copy of the by-law certified by the clerk;
(b) a copy of the community benefits charge strategy;
(c) an affidavit or declaration certifying that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act; and
(d) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed.
(11.7) The clerk shall forward a copy of the notice of appeal and the record to the Tribunal within 30 days after the last day of appeal and shall provide such other information or material as the Tribunal may require in respect of the appeal.
(11.8) An affidavit or declaration of the clerk of a municipality that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act is conclusive evidence of the facts stated in the affidavit or declaration.
(11.9) The Tribunal shall hold a hearing to deal with any notice of appeal of a community benefits charge by-law forwarded by the clerk of a municipality.
(11.10) The Tribunal shall determine who shall be given notice of the hearing and in what manner.
(11.11) After the hearing, the Tribunal may,
(a) dismiss the appeal in whole or in part;
(b) order the council of the municipality to repeal or amend the by-law in accordance with the Tribunal’s order; or
(c) repeal or amend the by-law in such manner as the Tribunal may determine.
(11.12) The Tribunal may not amend or order the amendment of a by-law so as to,
(a) increase the amount of a community benefits charge that will be payable in any particular case;
(b) add, remove, or reduce the scope of, an exemption provided in the by-law;
(c) change a provision for the phasing in of community benefits charges in such a way as to make a charge, or part of a charge, payable earlier; or
(d) change the date, if any, the by-law will expire.
(11.13) Despite subsection (11.9), the Tribunal may, where it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal.
When L.P.A.T. ordered repeals, amendments effective
(11.14) The repeal or amendment of a community benefits charge by-law by the Tribunal, or by the council of a municipality pursuant to an order of the Tribunal, is deemed to have come into force on the day the by-law came into force.
(11.15) If the Tribunal repeals or amends a community benefits charge by-law or orders the council of a municipality to repeal or amend a community benefits charge by-law, the municipality shall refund,
(a) in the case of a repeal, any community benefits charge paid under the by-law; or
(b) in the case of an amendment, the difference between any community benefits charge paid under the by-law and the community benefits charge that would have been payable under the by-law as amended.
(11.16) If a municipality is required to make a refund under subsection (11.15), it shall do so,
(a) if the Tribunal repeals or amends the by-law, within 30 days after the Tribunal’s order; or
(b) if the Tribunal orders the council of the municipality to repeal or amend the by-law, within 30 days after the repeal or amendment by the council.
(11.17) The municipality shall pay interest on an amount it refunds at a rate not less than the prescribed minimum interest rate from the time the amount was paid to the municipality to the time it is refunded.
(11.18) Subsections (9), (10), (10.1) and (11.1) to (11.17) apply, with necessary modifications, to an amendment to a community benefits charge by-law other than an amendment by, or pursuant to an order of, the Tribunal.
(11.19) In an appeal of an amendment to a community benefits charge by-law, the Tribunal may exercise its powers only in relation to the amendment.
2 Subsection 37.1 (5) of the Act is amended by striking out “and paragraph 5 of subsection 51.1 (7)” in the portion before clause (a) and substituting “subsection 42 (2.1) and subsection 51.1 (7)”.
3 Section 42 of the Act is amended by adding the following subsection:
(2.1) This section, as it read on the day before subsection 12 (3) of Schedule 12 to the More Homes, More Choice Act, 2019 comes into force, continues to apply to a local municipality until the applicable date described in subsection 37.1 (5).
4 (1) Section 51.1 of the Act is amended by adding the following subsection:
(6.1) This section, as it read on the day before subsection 15 (2) of Schedule 12 to the More Homes, More Choice Act, 2019 comes into force, continues to apply with respect to land in a local municipality until the applicable date described in subsection 37.1 (5).
(2) Subsection 51.1 (7) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:
(7) If a draft plan of subdivision is approved before the applicable date described in subsection 37.1 (5) for the local municipality in which the draft plan of subdivision is located and the approval authority has imposed a condition under subsection (1), the following rules apply on and after that date with respect to the land within the draft plan of subdivision:
https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-108