The province in a media release sets out the new proposed More Homes, Built Faster Act, and, if passed, that will set out sweeping changes for municipalities and conservation authorities. The plan contains around 50 actions.
Recently, the Ontario Real Estate Association (OREA) announced that it is happy with the Act but would also like to see more immediate changes made.
The Ontario government announced numerous changes to housing-related legislation last Tuesday in an effort to meet its pledge of building 1.5 million homes within 10 years.
The following are some of the major changes that will happen if the bill passes:
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Up to three units will be allowed on a single residential lot without any bylaw amendments or municipal permissions. Municipalities will not be able to set minimum unit sizes or require more than one parking space per unit. If passed, and depending on the property in question, these three units could all be within the existing residential structure or could take the form of a residence with an in-law or basement suite and a laneway or garden home. These new units must be compliant with the building code and municipal bylaws. These units would also be exempt from development charges and parkland dedication fees.
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Duplexes and triplexes will also be allowed on single residential lots regardless of municipal zoning laws
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Site plan reviews will be restricted to health and safety issues rather than landscaping or architectural details, meaning that exterior design will no longer be a matter subject to site plan control.
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Municipalities can’t set restrictions on unit sizes or require more than one parking space per unit.
Development charges
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Development charges are fees collected from developers that help pay for the cost of municipal services or impacted infrastructure such as roads and transit. Under the new bill, development charges for additional units built on single residential lots will be waived
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Development charges will also be waived for affordable housing, non-profit housing and inclusionary zoning units, as well as select ‘attainable’ housing units. These homes would also be exempt from parkland dedication levies and community benefit charges
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Development charges will be reduced up to 25 per cent for family-sized rental units
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Any development charges in new bylaws as of June, 2022 would be phased-in over five years to make the increases more manageable
“Ontario is also undertaking a review of all other fees levied by provincial ministries, boards, agencies, and commissions to determine what impact they may have on the cost of housing with the intent of further reducing, if not eliminating these fees altogether.”
Conservation authorities
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Conservation Authority fees for development permits and proposals will be temporarily frozen
- The province also proposes to streamline conservation authorities’ processes to sell or lease lands they own, including those suitable for housing. Conservation authorities would also be required to identify in their land inventory any authority-owned land that could support housing developments
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The regulations of 36 conservation authorities in Ontario will be streamlined into one and approving permit factors such as pollution and conservation of land will no longer be considered. Instead the only requirements would be the consideration of unstable soil or bedrocks. Permits will also be issued for development in areas “prone to flooding and erosion along rivers and lakes and within wetlands.”
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When approving permits factors such as pollution and conservation of land will no longer be considered. Instead the only requirements would be the consideration of unstable soil or bedrocks. Permits will also be issued for development in areas “prone to flooding and erosion along rivers and lakes and within wetlands.”
While affordable housing is in crisis so is the environment. These sweeping changes, in fact, remove the teeth of conservation authorities and the protection of lands and waterways vital to the environment.
Municipal fees and funding
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No additional funding has been announced so far to help with housing targets
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The proposed act would also require municipalities to spend or allocate at least 60 per cent of their development charges and parkland reserve balances each year on actual building of infrastructure and parks
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Increase maximum penalties to $50,000 for “bad actors” who terminate contracts or cancel projects such as pre-construction homes
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Increase the non-resident speculation tax from 20 per cent to 25 per cent
Community involvement in development
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The Bill will limit third-party appeals by individuals or community groups not directly involved in the development case at the Ontario Land Tribunal (OLT) for official plan amendments, zoning bylaw amendments, as well as “minor variances and consents.”
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Speeding up decisions at the Ontario Land tribunal by prioritizing cases that will create the most housing, among other things
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Municipalities will no longer be required to hold public meetings for drafts of a new development
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Parkland requirements for higher density residential developments will be reduced
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Site plan reviews would focus on health and safety issues rather than architectural, decorative or landscaping details and would allow ministry staff to make certain decisions on aggregate development applications rather than waiting for a minister’s approval.
- The OLT will also be given the power to order an unsuccessful party to pay the successful party’s costs, the idea being that parties would be encouraged to reach an agreement without going through the tribunal.
When reading through the report, what is evident is that the province’s proposed housing Act is ‘slanted’ more toward urban centres, and there are also statements which seem to be contradictory. For instance, currently, municipalities must hold a public meeting for every draft plan of subdivision, but the new Act would make this optional, the idea being that “shovels would get in the ground sooner”, but then it also says that the public could continue to provide input at the official plan and zoning by-law stages.
In some areas with upper-and lower-tier municipalities, such as Saugeen Shores within the County of Bruce, both levels of government have input into development approvals. The proposed Act however would focus responsibility for land-use policies and approvals with the local, lower-tier municipality. However, with all the restrictions that would be in place on development charges, approvals of landscaping, not being able to set unit sizes, etc., it will leave municipalities with all the responsibility but basically with their hands tied.
