Homes You Can Afford in the Communities You Love Act, 2026 — Bill 139 (44th Parliament, 1st Session)

Bill 139, 44-1

Ontario — Bills

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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Original

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

Document details

CollectionOntario — Bills
CitationBill 139, 44-1
Typebill
Volume / chapterp44 s1 bill-139 html
Languageen
Formathtml
SourcePROVINCIAL
Identifier0355f55b1f3577efd38f09d641d3b34f42e67b55

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