September 2019
Regulations Passed Amending Schedule 12 of Bill 108

2019-09-10 9:15:42 AM

On September 3rd, regulations amending Schedule 12 of Bill 108, More Homes, More Choice Act, 2019, came into effect after 30 days of open consultations and review by the Ministry of Municipal Affairs and Housing.

The government received more than 400 comments relating to Schedule 12.

Below is a brief summary of the passed regulations that may of be relevance to municipalities:

Ontario Regulation 296/19: Transitional Matters – General:

  • Stipulates the transition rules dealing with procedural planning matters in changes made to Schedule 12 of Bill 108

  • The following transition rules apply to the following Planning Act changes:

    • Expanding the grounds of an appeal decision and allowing the LPAT (Local Planning Appeal Tribunal) to make any land use planning decision the municipality or approval authority could have made in cases where:

      • Appealed decisions have not yet been scheduled by the LPAT.

      • Applications where a municipality failed to make a decision within the legislated timeline of 120 days.

Ontario Regulation 299/19: Additional residential unit requirements and standards:

  • Where there is a municipal zoning by-law requiring no parking spaces for the primary residential unit, no parking space would be required for the additional residential units (ARUs).

  • A municipal zoning by-law that sets a parking standard lower than a standard of one parking space for each ARUs may be passed and would prevail over section 34 of the Act.

Ontario Regulation 301/19: Community Planning Permits

  • Amends Ontario Regulation 173/16.

  • Removes the ability to appeal (except by the province) the by-law that implements the community planning permit system when the Minister issues an order to require a municipality to adopt or establish a system.

  • Clarifies community benefits charge by-law is so it is not applied in areas within a municipality where a community planning permit system is in effect.

Ontario Regulation 297/19: Official Plans and Plan Amendments

Ontario Regulation 298/19: Plans of Subdivision

  • Removes a notice for subdivision application.

Ontario Regulation 300/19: Inclusionary Zoning

The Ontario government says implementation of these regulations will “help increase the supply of housing and streamline development approvals”.

For more information, please see below:

Ontario Newsroom: Proposed new regulation and regulation changes under the Planning Act, including transition matters, related to Schedule 12 of Bill 108 - the More Homes, More Choice Act, 2019

AMCTO: Government Passes Bill 108


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