Homes You Can Afford in the Communities You Love Act, 2026 — Bill 139 (44th Parliament, 1st Session)
Bill 139, 44-1
Ontario — Bills
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Bill 139, Homes You Can Afford in the Communities You Love Act, 2026
Schreiner, Mike
Current status:
First Reading Ordered for Second Reading
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Bill 139 Original (PDF)
EXPLANATORY
NOTE
The
Bill makes various amendments to the Planning Act .
The
Act is amended to require the Minister to collect data on housing units that
are being built or have been completed in the Province in each year.
The
Act is amended to require official plans to contain policies authorizing, in
areas of settlement, the use of up to four residential units in a detached
house, semi-detached house or rowhouse as well as multi-unit residential
buildings of up to four stories. Official plans must also contain policies that
authorize, in areas of settlement, midrise housing developments ranging from
six to 11 stories on major streets, including along transit corridors, in
single-tier and lower-tier municipalities with a population of at least 100,000
people. The amendments provide that there are no appeals in respect of such
policies, with the exception of appeals by the Minister.
The
Act is amended to provide that official plans and zoning by-laws may not have
the effect of prohibiting the use of four or fewer residential units on
specified parcels of urban residential land. They also may not impose a
floor-to-area ratio on residential buildings or residential structures that
contain three to six residential units, may not prohibit residential buildings
or residential structures from being four or fewer storeys in height, may not
impose a minimum setback distance for residential buildings or residential
structures that contain four to six residential units, and may not require
parking spaces to be provided in connection with residential buildings or
residential structures that contain at least four residential units.
Bill 139 2026
Act to amend the Planning Act with respect to housing policies in official
plans and by-laws
His
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
The Planning Act is amended by adding the following
section:
Data
collection on housing
7.1
(1) The
Minister shall, in each year, collect data on,
(
a) the
number of housing units that are being built or have been completed in the
Province and the unit mix of those housing units, including the number of
bedrooms; and
(
b) the
number of housing units referred to in clause (
a) broken down by their selling
price in increments of $50,000.
Publication
of data
(2) No
later than 90 days after the end of each year, the Minister shall publish the
data collected under subsection (1) for that year on a Government of Ontario
website.
(1) Section 16 of the Act is amended by adding the following
subsections:
Residential
unit and midrise housing development policies
(2.1) An
official plan shall contain policies that authorize, in areas of settlement,
(
a) the
use of additional residential units by authorizing the use of up to four
residential units in a detached house, semi-detached house or rowhouse;
(
b) multi-unit
residential buildings of up to four storeys; and
(
c) midrise
housing developments ranging from six to 11 storeys on major streets, including
along transit corridors, but only if,
(
i) the
official plan is for a single-tier municipality or lower-tier municipality with
a population of at least 100,000, and
(ii) sufficient
sewage and water capacity exists.
Regulation
re sewage and water capacity
(2.2) The
Minister may, by regulation, require a municipality to develop a servicing plan
to ensure that there is sufficient sewage and water capacity for midrise
housing developments referred to in subsection (2.1) on all major streets in
the municipality, including along transit corridors, within the timeframe set
out in the regulation.
appeals re policies
(2.3) Despite
subsections 17 (24) and (36), there is no appeal in respect of the policies
described in subsection (2.1) of this section, including, for greater
certainty, any requirements or standards that are part of such policies.
Same
(2.4) Despite
subsection 34 (19), there is no appeal in respect of the parts of a by-law that
give effect to policies described in subsection (2.1) of this section,
including, for greater certainty, an appeal in respect of any requirements or
standards relating to such policies.
Exception
re Minister
(2.5) Subsections
(2.3) and (2.4) do not apply to an appeal by the Minister.
Definition,
major street
(2.6) In
this section,
“major
street” means a highway which does not have property access as its primary
function.
(2) Subsection
16 (3) of the Act is repealed and the following substituted:
Restrictions
for residential units
(3) No
official plan may contain any policy that has the effect of prohibiting the use
of four or fewer residential units on a parcel of urban residential land, so
long as the units are in a detached house, semi-detached house or rowhouse on
the parcel or in up to one additional structure on the parcel that is ancillary
to the detached house, semi-detached house or rowhouse.
Same
(3.0.1) For
greater certainty, subsection (3) prohibits official plans from including
policies that impose a minimum lot size requirement on parcels of urban
residential land that are described in that subsection.
(3) Section
16 of the Act is amended by adding the following subsections:
Restriction,
floor-to-area ratio
(3.2.2) No
official plan may contain any policy that has the effect of imposing a
floor-to-area ratio on a residential building or residential structure that
contains three to six residential units.
Restriction,
height
(3.2.3) No
official plan may contain any policy that has the effect of prohibiting a
residential building or residential structure from being four or fewer storeys
at or above ground in height.
Restriction,
minimum setback
(3.2.4) No
official plan may contain any policy that has the effect of imposing a minimum
setback distance for a residential building or residential structure that
contains four to six residential units.
Restriction,
parking spaces
(3.2.5) No
official plan may contain any policy that has the effect of requiring any
parking spaces to be provided and maintained in connection with a residential
building or residential structure that contains at least four residential
units.
(4) Subsection
16 (3.3) of the Act is amended by striking out “(3.2) or (3.2.1)” at the end
and substituting “(3.2), (3.2.1), (3.2.2), (3.2.3), (3.2.4) or (3.2.5)”.
Subsection 22 (7.2) of the Act is amended by adding the following clause:
(b.1) amend
or revoke the policies described in subsection 16 (2.1), including, for greater
certainty, any requirements or standards that are part of such policies;
The Act is amended by adding the following section:
By-laws
to give effect to residential unit and midrise housing development policies
35.0.1
(1) The
council of each local municipality shall ensure that the by-laws passed under
section 34 give effect to the policies described in subsection 16 (2.1).
(1) Subsection 35.1 (1) of the Act is repealed and the following
substituted:
Restrictions
for residential units
(1) The
authority to pass a by-law under
section 34 does not include the authority to
pass a by-law that prohibits the use of four or fewer residential units on a
parcel of urban residential land, so long as the units are in a detached house,
semi-detached house or rowhouse on the parcel or in up to one additional
structure on the parcel that is ancillary to the detached house, semi-detached
house or rowhouse.
Same
(1.0.1) For
greater certainty, subsection (1) prevents by-laws from imposing a minimum lot
size requirement on parcels of urban residential land that are described in
that subsection.
(2) Section
35.1 of the Act is amended by adding the following subsections:
Restriction,
floor-to-area ratio
(1.2.1) The
authority to pass a by-law under
section 34 does not include the authority to
pass a by-law imposing a floor-to-area ratio on a residential building or
residential structure that contains three to six residential units.
Restriction,
height
(1.2.2) The
authority to pass a by-law under
section 34 does not include the authority to pass a by-law prohibiting a residential building or
residential structure from being four or fewer storeys at or above ground in
height .
Restriction,
minimum setback
(1.2.3) The
authority to pass a by-law under
section 34 does not include the authority to
pass a by-law imposing a minimum setback distance for a residential building or
residential structure that contains four to six residential units.
Restriction,
parking spaces
(1.2.4) The
authority to pass a by-law under
section 34 does not include the authority to
pass a by-law that has the effect of requiring any parking spaces to be
provided and maintained in connection with a residential building or
residential structure that contains at least four residential units.
(3) Subsection
35.1 (1.3) of the Act is amended by striking out “(1.1) or (1.2)” at the end
and substituting “(1.1), (1.2), (1.2.1), (1.2.2), (1.2.3) or (1.2.4)”.
Commencement
This Act comes into force on the day it receives Royal Assent.
Short
title
The
short title of this Act is the Homes You Can Afford in
the Communities You Love Act, 2026 .
Date Bill stage Event Outcome Committee
June 2, 2026
First Reading
Ordered for Second Reading
June 2, 2026
First Reading
Vote
Carried
First Reading
June 2, 2026
Carried
Ordered for Second Reading