Protect Ontario by Building Faster and Smarter Act, 2025 — Bill 17 (44th Parliament, 1st Session)

Bill 17, 44-1

Ontario — Bills

Protect Ontario by Building Faster and Smarter Act, 2025 — Bill 17 (44th Parliament, 1st Session)

Bill 17, 44-1

Ontario — Bills

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Bill 17, Protect Ontario by Building Faster and Smarter Act, 2025

Flack, Hon. Rob Minister of Municipal Affairs and Housing

Current status:

Royal Assent received. Statutes of Ontario 2025,

chapter 9

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EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 17 and does not form part of the law. Bill 17 has been enacted as

Chapter 9 of the Statutes of Ontario, 2025.

SCHEDULE 1

BUILDING CODE ACT, 1992

This

Schedule amends the Building Code Act, 1992 . New

subsection 28 (6) of the Act provides for restrictions on the Building

Materials Evaluation Commission’s powers in certain circumstances. Clause 29

(1) (

a) of the Act is repealed and related amendments are made to

section 29 of

the Act. New subsection 35 (1.1) of the Act clarifies that certain sections of

the Municipal Act, 2001 and the City of Toronto Act, 2006 do not authorize a municipality

to pass by-laws respecting the construction or demolition of buildings.

SCHEDULE 2

BUILDING TRANSIT FASTER ACT, 2020

The

Schedule adds a definition of “provincial transit project” to the Building

Transit Faster Act, 2020 and makes related changes.

SCHEDULE 3

CITY OF TORONTO ACT, 2006

The

Schedule amends

section 114 of the City of Toronto Act,

2006 to remove the timing restrictions with respect to when a portable

classroom was placed on a school site for the purposes of the definition of

“development” in subsection 114 (1) of the Act. The Act is also amended to

provide certain rules with respect to information and material prepared by a

person authorized to practise a prescribed profession.

SCHEDULE 4

DEVELOPMENT CHARGES ACT, 1997

The

Schedule makes multiple amendments to the Development

Charges Act, 1997 . Some of the more significant amendments are described

below.

New

section 4.4 provides that the development of any part of a building or

structure intended for use as a long-term care home is exempt from development

charges.

Subsection

19 (1.1) is re-enacted to provide for additional circumstances in which

sections 10 to 18 of the Act, which set out the process associated with passing

a development charge by-law, do not apply to an amendment to a development

charge by-law.

Various

amendments are made to

section 26.1 to add residential development other than

rental housing development as a type of development in respect of which

development charges may be paid at a time that is different than what is set

out under

section 26. For this type of development,

development charges shall be paid either on the day a permit is issued under

the Building Code Act, 1992 authorizing occupation

of the building or on the day the building is first occupied, whichever comes

first.

Section 26.1 is also amended to specify that a person required to

pay a development charge under that

section may pay the charge before the day

it is payable even in the absence of an agreement under

section

Section

26.2 is amended to provide that the rules related to determining the amount of

a development charge based on the date of certain applications under the Planning Act or the City of Toronto

Act, 2006 do not apply if the total amount of all charges, including any

interest, that are payable based on those rules exceeds the total amount of all

charges that would be payable if the amount were determined in accordance with

section

Section

41 is amended to provide that if two or more services are deemed to be one

service by the regulations, a credit that relates to any one of those services

may be used towards a part of a development charge that relates to any of those

services.

SCHEDULE 5

METROLINX ACT, 2006

The

Schedule amends the Metrolinx Act, 2006 to provide

that the Minister may direct a municipality or its municipal agencies to

provide the Minister or the Corporation with information and data that may be

required to support the development of a provincial transit project or

transit-oriented community project.

SCHEDULE 6

MINISTRY OF INFRASTRUCTURE ACT, 2011

The

Schedule amends the Ministry of Infrastructure Act, 2011

by repealing

section 7.1 and paragraph 2.1 of subsection 19 (2). New

section

10.1 is added to the Act; it provides that the Minister may, by directive,

direct a municipality or its agencies to provide the Minister or Ontario

Infrastructure and Lands Corporation with certain information, data and

documents.

The

Schedule also revokes Ontario Regulation 378/24.

SCHEDULE 7

PLANNING ACT

The

Schedule amends the Planning

Act . Here are some of the highlights:

Section

16 of the Act is amended and new

section 35.1.1 is added to the Act. These

provisions provide for restrictions on official plans and zoning by-laws with

respect to prohibiting the using a parcel of urban residential land for an

elementary school, a secondary school or a use ancillary to such schools.

2. New

subsections 17 (21.1) and (21.2) of the Act require the council of a

municipality or the planning board to obtain the Minister’s approval before

making certain amendments to an official plan.

3. New

subsections 34 (1.4) to (1.7) of the Act set out rules with respect to minimum

distances that buildings on certain lands must be setback from parcel

boundaries.

Section

41 of the Act is amended to remove the timing

restrictions with respect to when a portable classroom was placed on a school

site for the purposes of the definition of development in subsection 41 (1) of

the Act .

Section

47 of the Act is amended to provide that the Minister may, in certain orders

made under that section, impose conditions on the use of land or the erection,

location or use of buildings or structures.

SCHEDULE 8

TRANSIT-ORIENTED COMMUNITIES ACT, 2020

The

Schedule amends the Transit-Oriented Communities Act, 2020 .

Here are some of the highlights:

Section

1 of the Act is amended by expanding the list projects included in the

definition of “priority transit project”.

Section

4 of the Act is amended to provide that the approval of the Lieutenant Governor

in Council is not needed in certain circumstances. The Ontario Infrastructure

and Lands Corporation is also added to the list of entities to which the

Minister may delegate subsection 4 (1) powers.

3. New

section 4.1 of the Act relates to agreements that are considered necessary to

support a transit-oriented community project.

Bill 17 2025

Act to amend various Acts with respect to infrastructure, housing and transit

and to revoke a regulation

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Building

Code Act, 1992

Schedule 2

Building

Transit Faster Act, 2020

Schedule 3

City

of Toronto Act, 2006

Schedule 4

Development

Charges Act, 1997

Schedule 5

Metrolinx

Act, 2006

Schedule 6

Ministry

of Infrastructure Act, 2011

Schedule 7

Planning

Act

Schedule 8

Transit-oriented

Communities Act, 2020

Preamble

The

Government of Ontario is:

Protecting

Ontario and responding to economic uncertainty with measures designed to speed

up the construction of infrastructure and homes with the goal of supporting

economic and community growth and keeping workers on the job.

Accelerating

provincial transit and other critical provincial infrastructure projects.

Working

in close partnership with municipalities to simplify and standardize municipal

development approval processes and charges to help increase housing supply in

Ontario.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and the

Schedules to this Act.

Commencement

(1) Except as otherwise provided in this section,

this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by order of the Lieutenant Governor in Council, an

order may apply to one or more of those provisions, and orders may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Protect

Ontario by Building Faster and Smarter Act, 2025 .

SCHEDULE 1

BUILDING CODE ACT, 1992

Section 28 of the Building Code Act, 1992 is

amended by adding the following subsection:

Restriction

(6) If

the Canadian Construction Materials Centre of the National Research Council of

Canada has examined or has expressed its intention to examine an innovative

material, system or building design, the Building Materials Evaluation

Commission shall not exercise its powers under subsection (4) in respect of

that material, system or building design.

(1) Clause 29 (1) (

a) of the Act is repealed.

(2) Subsections

29 (5) to (7) of the Act are amended by striking out “(

a) or” wherever it

appears.

(3) Subsection

29 (8) of the Act is repealed.

Paragraph 23 of subsection 34 (1) of the Act is repealed.

Section 35 of the Act is amended by adding the following subsection:

Same

(1.1) For

greater certainty, sections 9, 10 and 11 of the Municipal

Act, 2001 and sections 7 and 8 of the City of

Toronto Act, 2006 do not authorize a municipality to pass by-laws

respecting the construction or demolition of buildings.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the later of July 1, 2025 and the day the Protect Ontario by Building Faster and Smarter Act, 2025

receives Royal Assent.

(2) Section

4 comes into force on the day the Protect Ontario by

Building Faster and Smarter Act, 2025 receives Royal Assent.

SCHEDULE 2

BUILDING TRANSIT FASTER ACT, 2020

(1) Clause (

e) of the definition of “priority transit project” in

section 2 of the Building Transit Faster Act, 2020

is amended by striking out “provincial”.

(2) Section

2 of the Act is amended by adding the following definition:

“provincial transit project” means a transit

project that Metrolinx has authority to carry out and includes a project that,

immediately before the day subsection 1 (2) of

Schedule 2 to the Protect Ontario by Building Faster and Smarter Act, 2025

came into force, was a priority transit project; (“projet de transport en

commun provincial”)

Clause (0.

a) of subsection 84 (1) of the Act is amended by striking out

“provincial”.

3 The Act is amended by striking out “priority

transit project” wherever it appears and substituting in each case “provincial

transit project”, except in,

(

a) the

definitions of “priority transit project” and “provincial transit project” in

section 2; and

(b) clause

84 (1) (0.a).

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Building Faster and Smarter Act, 2025 receives Royal Assent.

SCHEDULE 3

CITY OF TORONTO ACT, 2006

(1) Subsection 114 (1.1) of the City of Toronto

Act, 2006 is amended by striking out “if the school site was in

existence on January 1, 2007” at the end.

(2) Subsection

114 (4.3) of the Act is amended by striking out “The City” at the beginning and

substituting “Subject to the regulations, the City”.

(3) Section

114 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(4.4.1) The

provision of information or material to the City in respect of a requirement

under subsection (4.2) or (4.3) is deemed to meet the applicable requirement if

the information or material is prepared by a person authorized to practise a

prescribed profession.

(4) Subsection

114 (23) of the Act is amended by adding the following clauses:

(0.

a) governing

the information or material that may be required under subsection (4.3),

including specifying information or material that may or may not be required,

and providing that such requirements prevail over any requirements in any

official plan;

(0.a.1) prescribing

professions for the purposes of subsection (4.4.1);

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Building Faster and Smarter Act, 2025 receives Royal Assent.

SCHEDULE 4

DEVELOPMENT CHARGES ACT, 1997

The Development Charges Act, 1997 is amended by

adding the following section:

Exemption

for long-term care home development

4.4

(1) The

development of any part of a building or structure intended for use as a

long-term care home, as defined in subsection 2 (1) of the Fixing Long-Term Care Home Act, 2021 , is exempt from

development charges.

Transition

(2) Subsection

(1) does not apply with respect to a development charge that is payable before

the day

section 1 of

Schedule 4 to the Protect Ontario by

Building Faster and Smarter Act, 2025 comes into force.

Same

(3) For

greater certainty, subsection (1) applies to future instalments that would have

been payable in accordance with

section 26.1 after the day

section 1 of

Schedule 4 to the Protect Ontario by Building Faster and

Smarter Act, 2025 comes into force.

(1) Subsection 5 (3) of the Act is amended by adding “Subject to the

regulations” at the beginning of the portion before paragraph 1.

(2) Paragraph

1 of subsection 5 (3) of the Act is amended by striking out “except in relation

to such services as are prescribed for the purposes of this paragraph” at the

end.

Subsection 19 (1.1) of the Act is repealed and the following substituted:

Exceptions

(1.1) Subsection

(1) does not apply to an amendment to a development charge by-law if the only

effect of the amendment is to,

(

a) repeal

a provision specifying the date on which the by-law expires or to amend such a

provision to provide for the by-law to expire on a later date;

(

b) repeal

a provision providing for the indexing of a development charge or to amend such

a provision to provide for a development charge not to be indexed; or

(

c) decrease

the amount of a development charge that is payable for one or more types of

development in the circumstances specified in the amendment.

(1) Subsection 26.1 (2) of the Act is amended by adding the

following paragraph:

3. Residential

development not described in paragraph 1.

(2) Subsection

26.1 (3) of the Act is amended by striking out “A development charge referred

to in subsection (1)” at the beginning and substituting “A development charge

in respect of any part of a development that consists of a type of development

described in paragraph 1 or 2 of subsection (2)”.

(3) Section

26.1 of the Act is amended by adding the following subsections:

Payable

on occupancy

(3.1) Subject

to subsection (3.2), a development charge in respect of any part of a

development that consists of a type of development described in paragraph 3 of

subsection (2) shall be paid in full on the earlier of,

(

a) the

day a permit is issued under the Building Code Act, 1992

authorizing occupation of the building; and

(

b) the

day the building is first occupied.

Same,

financial security

(3.2) If

the prescribed circumstances exist, the municipality that imposes a development

charge in respect of a type of development described in paragraph 3 of subsection

(2) may require the person required to pay the charge to provide an instrument

to be used to secure the payment of the charge under subsection (3.1), subject

to any prescribed limitations.

(4) Subsection

26.1 (4) of the Act is amended by striking out “an instalment is payable” at

the end and substituting “the amount is payable in accordance with this

section”.

(5) Subsection

26.1 (7) of the Act is repealed and the following substituted:

Interest

(7) A

municipality may charge interest on the instalments payable under subsection

(3) in accordance with this subsection, as it read before the day subsection 4

(5) of

Schedule 4 to the Protect Ontario by Building

Faster and Smarter Act, 2025 came into force, but only to the extent

that the interest being charged had accrued before that day.

(6) Subsection

26.1 (8) of the Act is amended by striking out “instalments required by

subsection (3)” and substituting “instalments required by subsection (3), development

charges payable under subsection (3.1)”.

(7) Subsection

26.1 (9) of the Act is repealed.

(8) Section

26.1 of the Act is amended by adding the following subsection:

Early

payment in absence of agreement under s. 27

(12) For

greater certainty, a person required to pay a development charge under this

section may pay the charge before the day it is payable even in the absence of

an agreement under

section

Section 26.2 of the Act is amended by adding the following subsections:

Exception,

decrease in amount of charges payable

(5.2) Clauses

(1) (

a) and (

b) do not apply to a development charge if the total amount of all

charges, including any interest charged under subsection (3), that are payable

in accordance with either of those clauses exceeds the total amount of all

charges that would be payable if clause (1) (

c) applied.

Other

charges included if paid at the same time

(5.3) For

the purposes of subsection (5.2), the total amount of all charges includes any

other development charges in respect of the same development that are payable

at the same time as the charge referred to in subsection (5.2) is payable.

Same,

transition

(5.4) Subsection

(5.2) does not apply in respect of a development charge that is payable or, if

section 26.1 did not apply, would be payable, in accordance with

section 26

before the day

section 5 of

Schedule 4 to the Protect

Ontario by Building Faster and Smarter Act, 2025 comes into force.

Section 28 of the Act is repealed and the following substituted:

Withholding

of permit until charge paid

Despite

any other Act, a municipality is not required to issue a permit under the Building Code Act, 1992 for a development to which

development charges apply unless,

(

a) in

the case of a permit issued under subsection 8 (1) of that Act, all development

charges have been paid except for any charges payable in accordance with

section 26.1 of this Act or any charges that an agreement made under

section 27

of this Act provides are payable after the permit is issued; or

(

b) in

the case of any other permit issued under that Act, all development charges

that are payable before the issuance of the permit have been paid.

(1) Subsection 41 (1) of the Act is amended by adding “Subject to

subsection (1.1)” at the beginning.

(2) Section

41 of the Act is amended by adding the following subsection:

Services

deemed to be one service

(1.1) If two or more services are deemed to be one

service by the regulations, a credit that relates

to any one of those services may be used with respect to that part of a

development charge that relates to any of those services.

Section 59 of the Act is amended by adding the following subsection:

What

constitutes a local service

(2.1) What

constitutes a local service for the purposes of clauses (2) (

a) and (

b) may be

determined by the regulations.

(1) Clause 60 (1) (

l) of the Act is repealed and the following

substituted:

(

l) providing

for exceptions to the application of subsection 5 (3), and making such

exceptions subject to conditions;

(2) Subsection

60 (1) of the Act is amended by adding the following clause:

(s.1.1) prescribing

circumstances and limitations for the purposes of subsection 26.1 (3.2);

(3) Clause

60 (1) (s.3) of the Act is repealed.

(4) Subsection

60 (1) of the Act is amended by adding the following clauses:

(s.5) deeming

two or more services to be one service for the purposes of subsection 41 (1.1);

. . . .

(t.0.2) determining

what constitutes a local service for the purposes of clauses 59 (2) (

a) and

(b);

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Protect Ontario by

Building Faster and Smarter Act, 2025 receives Royal Assent.

(2) Sections

4 and 6 and subsection 9 (2) come into force on a day to be named by order of

the Lieutenant Governor in Council.

SCHEDULE 5

METROLINX ACT, 2006

(1) The definition of “agencies” in subsection 1 (1) of the Metrolinx Act, 2006 is repealed.

(2) Subsection

1 (1) of the Act is amended by adding the following

definitions:

“municipal

agencies”, in relation to a municipality, means,

(

a) every

local board as defined in subsection 1 (1) of the Municipal

Act, 2001 ,

(

b) every

local board as defined in subsection 3 (1) of the City of

Toronto Act, 2006 , including, for greater certainty, the Toronto Transit

Commission,

(

c) every

corporation established by a municipality under

section 203 of the Municipal Act, 2001 , and every secondary corporation as

defined in subsection 203 (3.1) of that Act, and

(

d) every

corporation established by the City of Toronto under

section 148 of the City of Toronto Act, 2006 , and every secondary

corporation as defined in subsection 148 (4) of that Act; (“organismes

municipaux”)

“provincial

transit project” has the same meaning as in

section 2 of the Building Transit Faster Act, 2020 ; (“projet de transport

en commun provincial”)

“transit-oriented

community project” has the same meaning as in

section 1 of the Transit-Oriented Communities Act, 2020 ; (“projet

communautaire axé sur le transport en commun”)

The Act is amended by adding the following section:

Production

of information, documents, etc.

31.0.1 The Minister may issue

directives in writing directing a municipality or its municipal agencies to

provide the Minister or the Corporation with information and data, as well as

copies of any contracts, records, reports, surveys, plans and any other document

that, in the Minister’s opinion, may be required to support the development of

a provincial transit project or transit-oriented community project, and the

municipality or its municipal agencies shall comply with the directive within

the time specified by the Minister.

Section 46 of the Act is amended by adding the following subsection:

Sole

responsibility project

Definition

(0.1) In

this

section and sections 47 to 50,

“agencies”,

in relation to the City of Toronto, means,

(

a) every

local board as defined in subsection 3 (1) of the City of

Toronto Act, 2006 , including, for greater certainty, the Toronto Transit

Commission, and

(

b) every

corporation established by the City of Toronto under

section 148 of the City of Toronto Act, 2006 , and every secondary

corporation as defined in subsection 148 (4) of that Act.

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Building Faster and Smarter Act, 2025 receives Royal Assent.

SCHEDULE 6

MINISTRY OF INFRASTRUCTURE ACT, 2011

Section 7.1 of the Ministry of Infrastructure Act, 2011 is repealed.

The Act is amended by adding the following section:

Production

of information, documents, etc.

10.1

(1) The

Minister may issue directives, in writing, directing a municipality or its

municipal agencies to provide the Minister or Ontario Infrastructure and Lands

Corporation with information and data, as well as copies of any contracts,

records, reports, surveys, plans and any other document that, in the Minister’s

opinion, may be required to support the development or implementation of a

project funded, in whole or in part, by the Government and the municipality or

its municipal agencies shall comply with the directive.

Definition

(2) In

this section,

“municipal

agencies”, in relation to a municipality, means,

(

a) every

local board as defined in subsection 1 (1) of the Municipal

Act, 2001 ,

(

b) every

local board as defined in subsection 3 (1) of the City of

Toronto Act, 2006 , including, for greater certainty, the Toronto Transit

Commission,

(

c) every

corporation established by a municipality under

section 203 of the Municipal Act, 2001 and every secondary corporation as

defined in subsection 203 (3.1) of that Act, and

(

d) every

corporation established by the City of Toronto under

section 148 of the City of Toronto Act, 2006 and every secondary corporation

as defined in subsection 148 (4) of that Act.

Paragraph 2.1 of subsection 19 (2) of the Act is repealed.

Revocation

Ontario Regulation 378/24 is revoked.

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Building Faster and Smarter Act, 2025 receives Royal Assent.

SCHEDULE 7

PLANNING ACT

(1) Section 16 of the Planning Act is

amended by adding the following subsection:

Restrictions

for elementary and secondary schools

(3.2.1) No

official plan may contain any policy that has the effect of prohibiting the use

of a parcel of urban residential land for an elementary school or secondary

school of a school board or any ancillary uses to such schools, including the

use of a child care centre located in the school.

(2) Subsection

16 (3.3) of the Act is amended by striking out “(3.1), or (3.2)” and

substituting “(3.1), (3.2) or (3.2.1)”.

(1) Section 17 of the Act is amended by adding the following

subsections:

Written

approval of amendment to official plan

(21.1) The

council of a municipality or a planning board, as the case may be, shall obtain

written approval from the Minister before adopting an amendment to an official

plan that adds, amends or revokes any of the provisions described in subsection

22 (5), 34 (10.2), 41 (3.4), 51 (18) or 53 (3) of this Act or subsection 114

(4.3) of the City of Toronto Act, 2006 .

Same

(21.2) An

amendment described in subsection (21.1) that is adopted on or after May 12,

2025 without first obtaining the approval of the Minister in accordance with

subsection (21.1) is deemed not to have been adopted.

(2) Subsections

17 (21.1) and (21.2) of the Act, as enacted by subsection (1), are repealed.

(1) Subsection 22 (5) of the Act is amended by striking out “A

council” at the beginning and substituting “Subject to the regulations, a

council”.

(2) Section

22 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(6.0.1) The

provision of information or material to a council or planning board in respect

of a requirement under subsection (4) or (5) is deemed to meet the applicable

requirement if the information or material is prepared by a person authorized

to practise a prescribed profession.

(1) Section 34 of the Act is amended by adding the following

subsections:

Provision

re setbacks

(1.4) Subject

to subsection (1.5), a minimum setback distance is deemed to be the prescribed

percentage of the setback distance.

Same,

Greenbelt

(1.5) Subsection

(1.4) does not apply to a building or structure located,

(

a) in

the Greenbelt Area within the meaning of the Greenbelt

Act, 2005 ;

(

b) on

a parcel of land that is not a parcel of urban residential land; or

(

c) on

a parcel of land that includes any land in an area prescribed for the purposes

of subsection 41 (1.2) of this Act.

Same,

transition

(1.6) Despite

any subsequent changes to a minimum setback distance as a result of any changes

to a percentage prescribed for the purposes of subsection (1.4), the minimum

setback distance in respect of a building or structure is deemed to be the

minimum setback distance on the day,

(

a) a

permit is issued under subsection 8 (1) of the Building

Code Act, 1992 , in respect of the building

or structure, where the permit was not revoked under subsection 8 (10) of that

Act; or

(

b) the

lawful use of the building or structure was established, in the case of a

building or structure in respect of which no building permit was required.

Definition

(1.7) In

this section,

“setback

distance” means the distance that a building or structure must be setback from

a boundary of the parcel on which the building or structure is located in

accordance with a by-law passed under this section.

(2) Subsection

34 (10.2) of the Act is amended by striking out “A council” at the beginning

and substituting “Subject to the regulations, a council”.

(3) Section

34 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(10.3.1) The

provision of information or material to a council in respect of a requirement

under subsection (10.1) or (10.2) is deemed to meet the applicable requirement

if the information or material is prepared by a person authorized to practise a

prescribed profession.

Subsection 35.1 (1.3) of the Act is amended by striking out “subsection 34.1

(9) or”.

The Act is amended by adding the following section:

Restrictions

for elementary and secondary schools

35.1.1

(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 a parcel of urban residential land for

an elementary school or secondary school of a school board or any ancillary

uses to such schools, including the use of a child care centre located in the

school.

Provision

of no effect

(2) A

provision of a by-law passed under

section 34 or an order made under clause 47

(1) (

a) is of no effect to the extent that it contravenes a restriction

described in subsection (1) of this section.

(1) Subsection 41 (1.1) of the Act is amended by striking out “if

the school site was in existence on January 1, 2007” at the end.

(2) Subsection

41 (3.4) of the Act is amended by striking out “A municipality” at the

beginning and substituting “Subject to the regulations, a municipality”.

(3) Section

41 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(3.5.1) The

provision of information or material to a municipality in respect of a

requirement under subsection (3.3) or (3.4) is deemed to meet the applicable

requirement if the information or material is prepared by a person authorized

to practise a prescribed profession.

Section 47 of the Act is amended by adding the following subsections:

Conditions

(1.0.1) The

Minister may, in an order made under clause (1) (a), impose such conditions on

the use of land or the erection, location or use of buildings or structures as

in the opinion of the Minister are reasonable.

Same

(1.0.2) When

a condition is imposed under subsection (1.0.1),

(

a) the

Minister may require an owner of land to which the order applies to enter into

an agreement relating to the condition with the Minister or with the

municipality in which the land is situate;

(

b) the

agreement may be registered against the land to which it applies; and

(

c) the

Minister or the municipality, as the case may be, may enforce the agreement

against the owner and, subject to the Registry Act

and the Land Titles Act , any and all subsequent

owners of the land.

Same,

effect

(1.0.3) If

a condition has been imposed under subsection (1.0.1) with respect to the use

of land or the erection, location or use of buildings or structures, the order

is suspended and no person shall use the land or erect, locate or use the

buildings or structures under the authority of the order until the Minister is

satisfied that the condition has been or will be fulfilled.

Notice

to clerk

(1.0.4) If

the Minister is satisfied that the conditions imposed under subsection (1.0.1)

have been or will be fulfilled, the Minister shall provide notice to the clerk

of the local municipality in which the land is situate.

Publication

(1.0.5) Within

15 days after receiving notice pursuant to subsection (1.0.4), the clerk shall

make the notice available to the public.

(1) Subsection 51 (18) of the Act is amended by striking out “An

approval authority” at the beginning and substituting “Subject to the regulations,

an approval authority”.

(2) Section

51 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(19.0.1) The

provision of information or material to an approval authority in respect of a

requirement under subsection (17) or (18) is deemed to meet the applicable

requirement if the information or material is prepared by a person authorized

to practise a prescribed profession.

(1) Subsection 53 (3) of the Act is amended by striking out “A

council or the Minister” at the beginning and substituting “Subject to the

regulations, a council or the Minister”.

(2) Section

53 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(4.0.1) The

provision of information or material to a council or the Minister in respect of

a requirement under subsection (2) or (3) is deemed to meet the applicable

requirement if the information or material is prepared by a person authorized

to practise a prescribed profession.

Subsection 70.1 (1) of the Act is amended by adding the following paragraph:

20.1 governing

the information or material that may be required under subsection 22 (5), 34

(10.2), 41 (3.4), 51 (18) or 53 (3), including specifying information or

material that may or may not be required, and providing that such requirements

or prohibitions prevail over any requirements in an official plan;

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Protect Ontario by

Building Faster and Smarter Act, 2025 receives Royal Assent.

(2) Subsection

2 (2) comes into force on a day to be named by order of the Lieutenant Governor

in Council.

SCHEDULE 8

TRANSIT-ORIENTED COMMUNITIES ACT, 2020

(1) The definition of “Minister” in

section 1 of the Transit-Oriented Communities Act, 2020 is amended by

striking out “Transportation” and substituting “Infrastructure”.

(2) Section

1 of the Act is amended by adding the following definition:

“Ministry”

means the ministry of the Minister; (“ministère”)

(3) The

definition of “priority transit project” in

section 1 of the Act is amended by

striking out “or” at the end of clause (

d) and by repealing clause (

e) and

substituting the following:

(

e) a

provincial transit project as defined in

section 2 of the Building

Transit Faster Act, 2020 , or

(

f) any

other provincial transit project prescribed by the regulations;

(4) The

definition of “transit-oriented community project” in

section 1 of the Act is

amended by striking out “and includes a development project located on transit

corridor land within the meaning of the Building Transit

Faster Act, 2020 ” at the end.

(5) Section

1 of the Act is amended by adding the following subsection:

Transition

(2) A

project that, on the day before the day subsection 1 (4) of

Schedule 8 to Protect Ontario by Building Faster and Smarter Act, 2025

comes into force, was a “transit-oriented community project” as the definition

of that term read immediately before that day is deemed to be a

“transit-oriented community project” on and after that date.

(1) Subsection 4 (1) of the Act is amended by striking out “related

to provincial transit projects prescribed by the regulations for the purposes

of the definition of “priority transit project”” at the end.

(2) Section

4 of the Act is amended by adding the following subsections:

Interpretation

(1.1) For

greater certainty, an entity mentioned in subsection (1) includes a

municipality.

approval needed

(1.2) Despite

subsection (1), the approval of the Lieutenant Governor in Council is not

necessary in respect of,

(

a) any

dealings described in subsection (1) that are between the Minister or an entity

to which the Minister has delegated powers under subsection (4) and a

municipality or a First Nation; or

(

b) any

dealings described in subsection (1) between the Minister or an entity to which

the Minister has delegated powers under subsection (4) and an entity described

in subsection (1) that are subsequent and related to dealings that have been

approved under subsection (1).

(3) Subsection

4 (2) of the Act is amended by striking out “the Minister” in the portion

before clause (

a) and substituting “the Minister or an entity to which the

Minister has delegated powers under subsection (4)”.

(4) Subsection

4 (3) of the Act is repealed and the following substituted:

Investment

policy

(3) The

Minister or an entity to which the Minister has delegated powers under

subsection (4), as the case may be, shall ensure that every entity referred to

in subsection (1) invests any funds that it receives either directly or

indirectly from the Minister or the entity to which the Minister has delegated

powers under subsection (4) in accordance with an investment policy that has

been approved, in writing, by the Minister of Finance.

(5) Subsection

4 (4) of the Act is repealed and the following substituted:

Delegation

(4) The

Minister may, in writing, delegate the Minister’s powers under subsection

(1) in whole or in part to any of the following entities, subject to any conditions

or restrictions that are set out in the delegation:

1. Metrolinx.

2. Ontario

Infrastructure and Lands Corporation.

3. A

public body, within the meaning of the Public Service of

Ontario Act, 2006 , that is prescribed for the purpose of this

section by

the Lieutenant Governor in Council.

The Act is amended by adding the following section:

Agreements

— transit-oriented community land

4.1

(1) For

greater certainty, the Minister or an entity to which the Minister has

delegated powers under subsection 4 (4) may, for the purposes of carrying out

the activities set out in subsection 4 (1), enter into an agreement with any

owner of land that, in the Minister’s opinion, or the opinion of the entity to

which the Minister has delegated powers, is land that is or may be required to

support a transit-oriented community project.

Same

(2) For

greater certainty, a municipality in which land subject to an agreement

mentioned in subsection (1) is located and other entities may be a party to the

agreement.

Agreements

confirmed by Minister

(3) For

the purposes of carrying out the activities set out in subsection 4 (1), the

Minister may confirm that an agreement between an owner of land and a

municipality is or may be, in the Minister’s opinion, required to support a

transit-oriented community project.

Agreements

may be registered

(4) An

agreement entered into under subsection (1) or confirmed under subsection

(3) may, with the consent of all parties to the agreement, be registered against

the land to which it applies.

Enforcement

of agreements

(5) The

Minister or the municipality, as the case may be, is entitled to enforce the

provisions of an agreement mentioned in subsection (1) against the owner and,

subject to the Registry Act and the Land Titles Act , any and all subsequent owners of the

land.

Transition

(6) An

agreement that was registered with respect to transit-oriented community land

that is registered pursuant to Ontario Regulation 378/24 (Agreements regarding

transit-oriented community projects) made under the Ministry

of Infrastructure Act, 2011 are deemed to be validly registered under

this section.

Subsection 5 (1) of the Act is amended by adding the following clause:

(b.1) specifying

dealings under subsection 4 (1) for which approval of the Lieutenant Governor

in Council is not required;

Commencement

(1) Except as provided in this section, this

Schedule comes into

force on the day the Protect Ontario by Building Faster

and Smarter Act, 2025 receives Royal Assent.

(2) Subsections

1 (3) to (5) come into force the day subsection 1

(2) Schedule 2 to the Protect Ontario by Building Faster and Smarter Act, 2025

comes into force.

Bill 17 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

BUILDING CODE ACT, 1992

This

Schedule amends the Building Code Act, 1992 . New

subsection 28 (6) of the Act provides for restrictions on the Building

Materials Evaluation Commission’s powers in certain circumstances. Clause 29

(1) (

a) of the Act is repealed and related amendments are made to

section 29 of

the Act. New subsection 35 (1.1) of the Act clarifies that certain sections of

the Municipal Act, 2001 and the City of Toronto Act, 2006 do not authorize a municipality

to pass by-laws respecting the construction or demolition of buildings.

SCHEDULE 2

BUILDING TRANSIT FASTER ACT, 2020

The

Schedule adds a definition of “provincial transit project” to the Building

Transit Faster Act, 2020 and makes related changes.

SCHEDULE 3

CITY OF TORONTO ACT, 2006

The

Schedule amends

section 114 of the City of Toronto Act,

2006 to remove the timing restrictions with respect to when a portable

classroom was placed on a school site for the purposes of the definition of

“development” in subsection 114 (1) of the Act. The Act is also amended to

provide certain rules with respect to information and material prepared by a

person authorized to practise a prescribed profession.

SCHEDULE 4

DEVELOPMENT CHARGES ACT, 1997

The

Schedule makes multiple amendments to the Development

Charges Act, 1997 . Some of the more significant amendments are described

below.

New

section 4.4 provides that the development of any part of a building or

structure intended for use as a long-term care home is exempt from development

charges.

Subsection

19 (1.1) is re-enacted to provide for additional circumstances in which

sections 10 to 18 of the Act, which set out the process associated with passing

a development charge by-law, do not apply to an amendment to a development

charge by-law.

Various

amendments are made to

section 26.1 to add residential development other than

rental housing development as a type of development in respect of which

development charges may be paid at a time that is different than what is set

out under

section 26. For this type of development,

development charges shall be paid either on the day a permit is issued under

the Building Code Act, 1992 authorizing occupation

of the building or on the day the building is first occupied, whichever comes

first.

Section 26.1 is also amended to specify that a person required to

pay a development charge under that

section may pay the charge before the day

it is payable even in the absence of an agreement under

section

Section

26.2 is amended to provide that the rules related to determining the amount of

a development charge based on the date of certain applications under the Planning Act or the City of Toronto

Act, 2006 do not apply if the total amount of all charges, including any

interest, that are payable based on those rules exceeds the total amount of all

charges that would be payable if the amount were determined in accordance with

section

Section

41 is amended to provide that if two or more services are deemed to be one

service by the regulations, a credit that relates to any one of those services

may be used towards a part of a development charge that relates to any of those

services.

SCHEDULE 5

METROLINX ACT, 2006

The

Schedule amends the Metrolinx Act, 2006 to provide

that the Minister may direct a municipality or its municipal agencies to

provide the Minister or the Corporation with information and data that may be

required to support the development of a provincial transit project or

transit-oriented community project.

SCHEDULE 6

MINISTRY OF INFRASTRUCTURE ACT, 2011

The

Schedule amends the Ministry of Infrastructure Act, 2011

by repealing

section 7.1 and paragraph 2.1 of subsection 19 (2). New

section

10.1 is added to the Act; it provides that the Minister may, by directive,

direct a municipality or its agencies to provide the Minister or Ontario

Infrastructure and Lands Corporation with certain information, data and

documents.

The

Schedule also revokes Ontario Regulation 378/24.

SCHEDULE 7

PLANNING ACT

The

Schedule amends the Planning

Act . Here are some of the highlights:

Section

16 of the Act is amended and new

section 35.1.1 is added to the Act. These

provisions provide for restrictions on official plans and zoning by-laws with

respect to prohibiting the using a parcel of urban residential land for an

elementary school, a secondary school or a use ancillary to such schools.

2. New

subsections 17 (21.1) and (21.2) of the Act require the council of a

municipality or the planning board to obtain the Minister’s approval before

making certain amendments to an official plan.

3. New

subsections 34 (1.4) to (1.7) of the Act set out rules with respect to minimum

distances that buildings on certain lands must be setback from parcel

boundaries.

Section

41 of the Act is amended to remove the timing

restrictions with respect to when a portable classroom was placed on a school

site for the purposes of the definition of development in subsection 41 (1) of

the Act .

Section

47 of the Act is amended to provide that the Minister may, in certain orders

made under that section, impose conditions on the use of land or the erection,

location or use of buildings or structures.

SCHEDULE 8

TRANSIT-ORIENTED COMMUNITIES ACT, 2020

The

Schedule amends the Transit-Oriented Communities Act, 2020 .

Here are some of the highlights:

Section

1 of the Act is amended by expanding the list projects included in the

definition of “priority transit project”.

Section

4 of the Act is amended to provide that the approval of the Lieutenant Governor

in Council is not needed in certain circumstances. The Ontario Infrastructure

and Lands Corporation is also added to the list of entities to which the

Minister may delegate subsection 4 (1) powers.

3. New

section 4.1 of the Act relates to agreements that are considered necessary to

support a transit-oriented community project.

Bill 17 2025

Act to amend various Acts with respect to infrastructure, housing and transit

and to revoke a regulation

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Building

Code Act, 1992

Schedule 2

Building

Transit Faster Act, 2020

Schedule 3

City

of Toronto Act, 2006

Schedule 4

Development

Charges Act, 1997

Schedule 5

Metrolinx

Act, 2006

Schedule 6

Ministry

of Infrastructure Act, 2011

Schedule 7

Planning

Act

Schedule 8

Transit-oriented

Communities Act, 2020

The

Government of Ontario is:

Protecting

Ontario and responding to economic uncertainty with measures designed to speed

up the construction of infrastructure and homes with the goal of supporting

economic and community growth and keeping workers on the job.

Accelerating

provincial transit and other critical provincial infrastructure projects.

Working

in close partnership with municipalities to simplify and standardize municipal

development approval processes and charges to help increase housing supply in

Ontario.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and the

Schedules to this Act.

Commencement

(1) Except as otherwise provided in this section,

this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by order of the Lieutenant Governor in Council, an

order may apply to one or more of those provisions, and orders may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Protect

Ontario by Building Faster and Smarter Act, 2025 .

SCHEDULE 1

BUILDING CODE ACT, 1992

Section 28 of the Building Code Act, 1992 is

amended by adding the following subsection:

Restriction

(6) If

the Canadian Construction Materials Centre of the National Research Council of

Canada has examined or has expressed its intention to examine an innovative

material, system or building design, the Building Materials Evaluation

Commission shall not exercise its powers under subsection (4) in respect of

that material, system or building design.

(1) Clause 29 (1) (

a) of the Act is repealed.

(2) Subsections

29 (5) to (7) of the Act are amended by striking out “(

a) or” wherever it

appears.

(3) Subsection

29 (8) of the Act is repealed.

Paragraph 23 of subsection 34 (1) of the Act is repealed.

Section 35 of the Act is amended by adding the following subsection:

Same

(1.1) For

greater certainty, sections 9, 10 and 11 of the Municipal

Act, 2001 and sections 7 and 8 of the City of

Toronto Act, 2006 do not authorize a municipality to pass by-laws

respecting the construction or demolition of buildings.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the later of July 1, 2025 and the day the Protect Ontario by Building Faster and Smarter Act, 2025

receives Royal Assent.

(2) Section

4 comes into force on the day the Protect Ontario by

Building Faster and Smarter Act, 2025 receives Royal Assent.

SCHEDULE 2

BUILDING TRANSIT FASTER ACT, 2020

(1) Clause (

e) of the definition of “priority transit project” in

section 2 of the Building Transit Faster Act, 2020

is amended by striking out “provincial”.

(2) Section

2 of the Act is amended by adding the following definition:

“provincial transit project” means a transit

project that Metrolinx has authority to carry out and includes a project that,

immediately before the day subsection 1 (2) of

Schedule 2 to the Protect Ontario by Building Faster and Smarter Act, 2025

came into force, was a priority transit project; (“projet de transport en

commun provincial”)

Clause (0.

a) of subsection 84 (1) of the Act is amended by striking out

“provincial”.

3 The Act is amended by striking out “priority

transit project” wherever it appears and substituting in each case “provincial

transit project”, except in,

(

a) the

definitions of “priority transit project” and “provincial transit project” in

section 2; and

(b) clause

84 (1) (0.a).

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Building Faster and Smarter Act, 2025 receives Royal Assent.

SCHEDULE 3

CITY OF TORONTO ACT, 2006

(1) Subsection 114 (1.1) of the City of Toronto

Act, 2006 is amended by striking out “if the school site was in

existence on January 1, 2007” at the end.

(2) Subsection

114 (4.3) of the Act is amended by striking out “The City” at the beginning and

substituting “Subject to the regulations, the City”.

(3) Section

114 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(4.4.1) The

provision of information or material to the City in respect of a requirement

under subsection (4.2) or (4.3) is deemed to meet the applicable requirement if

the information or material is prepared by a person authorized to practise a

prescribed profession.

(4) Subsection

114 (23) of the Act is amended by adding the following clauses:

(0.

a) governing

the information or material that may be required under subsection (4.3),

including specifying information or material that may or may not be required,

and providing that such requirements prevail over any requirements in any

official plan;

(0.a.1) prescribing

professions for the purposes of subsection (4.4.1);

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Building Faster and Smarter Act, 2025 receives Royal Assent.

SCHEDULE 4

DEVELOPMENT CHARGES ACT, 1997

The Development Charges Act, 1997 is amended by

adding the following section:

Exemption

for long-term care home development

4.4

(1) The

development of any part of a building or structure intended for use as a

long-term care home, as defined in subsection 2 (1) of the Fixing Long-Term Care Home Act, 2021 , is exempt from

development charges.

Transition

(2) Subsection

(1) does not apply with respect to a development charge that is payable before

the day

section 1 of

Schedule 4 to the Protect Ontario by

Building Faster and Smarter Act, 2025 comes into force.

Same

(3) For

greater certainty, subsection (1) applies to future instalments that would have

been payable in accordance with

section 26.1 after the day

section 1 of

Schedule 4 to the Protect Ontario by Building Faster and

Smarter Act, 2025 comes into force.

(1) Subsection 5 (3) of the Act is amended by adding “Subject to the

regulations” at the beginning of the portion before paragraph 1.

(2) Paragraph

1 of subsection 5 (3) of the Act is amended by striking out “except in relation

to such services as are prescribed for the purposes of this paragraph” at the

end.

Subsection 19 (1.1) of the Act is repealed and the following substituted:

Exceptions

(1.1) Subsection

(1) does not apply to an amendment to a development charge by-law if the only

effect of the amendment is to,

(

a) repeal

a provision specifying the date on which the by-law expires or to amend such a

provision to provide for the by-law to expire on a later date;

(

b) repeal

a provision providing for the indexing of a development charge or to amend such

a provision to provide for a development charge not to be indexed; or

(

c) decrease

the amount of a development charge that is payable for one or more types of

development in the circumstances specified in the amendment.

(1) Subsection 26.1 (2) of the Act is amended by adding the

following paragraph:

3. Residential

development not described in paragraph 1.

(2) Subsection

26.1 (3) of the Act is amended by striking out “A development charge referred

to in subsection (1)” at the beginning and substituting “A development charge

in respect of any part of a development that consists of a type of development

described in paragraph 1 or 2 of subsection (2)”.

(3) Section

26.1 of the Act is amended by adding the following subsections:

Payable

on occupancy

(3.1) Subject

to subsection (3.2), a development charge in respect of any part of a

development that consists of a type of development described in paragraph 3 of

subsection (2) shall be paid in full on the earlier of,

(

a) the

day a permit is issued under the Building Code Act, 1992

authorizing occupation of the building; and

(

b) the

day the building is first occupied.

Same,

financial security

(3.2) If

the prescribed circumstances exist, the municipality that imposes a development

charge in respect of a type of development described in paragraph 3 of

subsection (2) may require the person required to pay the charge to provide an

instrument to be used to secure the payment of the charge under subsection

(3.1), subject to any prescribed limitations.

(4) Subsection

26.1 (4) of the Act is amended by striking out “an instalment is payable” at

the end and substituting “the amount is payable in accordance with this

section”.

(5) Subsection

26.1 (7) of the Act is repealed and the following substituted:

Interest

(7) A

municipality may charge interest on the instalments payable under subsection

(3) in accordance with this subsection, as it read before the day subsection 4

(5) of

Schedule 4 to the Protect Ontario by Building

Faster and Smarter Act, 2025 came into force, but only to the extent

that the interest being charged had accrued before that day.

(6) Subsection

26.1 (8) of the Act is amended by striking out “instalments required by

subsection (3)” and substituting “instalments required by subsection (3), development

charges payable under subsection (3.1)”.

(7) Subsection

26.1 (9) of the Act is repealed.

(8) Section

26.1 of the Act is amended by adding the following subsection:

Early

payment in absence of agreement under s. 27

(12) For

greater certainty, a person required to pay a development charge under this

section may pay the charge before the day it is payable even in the absence of

an agreement under

section

Section 26.2 of the Act is amended by adding the following subsections:

Exception,

decrease in amount of charges payable

(5.2) Clauses

(1) (

a) and (

b) do not apply to a development charge if the total amount of all

charges, including any interest charged under subsection (3), that are payable

in accordance with either of those clauses exceeds the total amount of all

charges that would be payable if clause (1) (

c) applied.

Other

charges included if paid at the same time

(5.3) For

the purposes of subsection (5.2), the total amount of all charges includes any

other development charges in respect of the same development that are payable

at the same time as the charge referred to in subsection (5.2) is payable.

Same,

transition

(5.4) Subsection

(5.2) does not apply in respect of a development charge that is payable or, if

section 26.1 did not apply, would be payable, in accordance with

section 26

before the day

section 5 of

Schedule 4 to the Protect

Ontario by Building Faster and Smarter Act, 2025 comes into force.

Section 28 of the Act is repealed and the following substituted:

Withholding

of permit until charge paid

Despite

any other Act, a municipality is not required to issue a permit under the Building Code Act, 1992 for a development to which

development charges apply unless,

(

a) in

the case of a permit issued under subsection 8 (1) of that Act, all development

charges have been paid except for any charges payable in accordance with

section 26.1 of this Act or any charges that an agreement made under

section 27

of this Act provides are payable after the permit is issued; or

(

b) in

the case of any other permit issued under that Act, all development charges

that are payable before the issuance of the permit have been paid.

(1) Subsection 41 (1) of the Act is amended by adding “Subject to

subsection (1.1)” at the beginning.

(2) Section

41 of the Act is amended by adding the following subsection:

Services

deemed to be one service

(1.1) If two or more services are deemed to be one

service by the regulations, a credit that relates

to any one of those services may be used with respect to that part of a

development charge that relates to any of those services.

Section 59 of the Act is amended by adding the following subsection:

What

constitutes a local service

(2.1) What

constitutes a local service for the purposes of clauses (2) (

a) and (

b) may be

determined by the regulations.

(1) Clause 60 (1) (

l) of the Act is repealed and the following

substituted:

(

l) providing

for exceptions to the application of subsection 5 (3), and making such

exceptions subject to conditions;

(2) Subsection

60 (1) of the Act is amended by adding the following clause:

(s.1.1) prescribing

circumstances and limitations for the purposes of subsection 26.1 (3.2);

(3) Clause

60 (1) (s.3) of the Act is repealed.

(4) Subsection

60 (1) of the Act is amended by adding the following clauses:

(s.5) deeming

two or more services to be one service for the purposes of subsection 41 (1.1);

. . . .

(t.0.2) determining

what constitutes a local service for the purposes of clauses 59 (2) (

a) and

(b);

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Protect Ontario by

Building Faster and Smarter Act, 2025 receives Royal Assent.

(2) Sections

4 and 6 and subsection 9 (2) come into force on a day to be named by order of

the Lieutenant Governor in Council.

SCHEDULE 5

METROLINX ACT, 2006

(1) The definition of “agencies” in subsection 1 (1) of the Metrolinx Act, 2006 is repealed.

(2) Subsection

1 (1) of the Act is amended by adding the following

definitions:

“municipal

agencies”, in relation to a municipality, means,

(

a) every

local board as defined in subsection 1 (1) of the Municipal

Act, 2001 ,

(

b) every

local board as defined in subsection 3 (1) of the City of

Toronto Act, 2006 , including, for greater certainty, the Toronto Transit

Commission,

(

c) every

corporation established by a municipality under

section 203 of the Municipal Act, 2001 , and every secondary corporation as

defined in subsection 203 (3.1) of that Act, and

(

d) every

corporation established by the City of Toronto under

section 148 of the City of Toronto Act, 2006 , and every secondary

corporation as defined in subsection 148 (4) of that Act; (“organismes

municipaux”)

“provincial

transit project” has the same meaning as in

section 2 of the Building Transit Faster Act, 2020 ; (“projet de transport

en commun provincial”)

“transit-oriented

community project” has the same meaning as in

section 1 of the Transit-Oriented Communities Act, 2020 ; (“projet

communautaire axé sur le transport en commun”)

The Act is amended by adding the following section:

Production

of information, documents, etc.

31.0.1 The Minister may issue

directives in writing directing a municipality or its municipal agencies to

provide the Minister or the Corporation with information and data, as well as

copies of any contracts, records, reports, surveys, plans and any other

document that, in the Minister’s opinion, may be required to support the

development of a provincial transit project or transit-oriented community

project, and the municipality or its municipal agencies shall comply with the

directive within the time specified by the Minister.

Section 46 of the Act is amended by adding the following subsection:

Sole

responsibility project

Definition

(0.1) In

this

section and sections 47 to 50,

“agencies”,

in relation to the City of Toronto, means,

(

a) every

local board as defined in subsection 3 (1) of the City of

Toronto Act, 2006 , including, for greater certainty, the Toronto Transit

Commission, and

(

b) every

corporation established by the City of Toronto under

section 148 of the City of Toronto Act, 2006 , and every secondary

corporation as defined in subsection 148 (4) of that Act.

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Building Faster and Smarter Act, 2025 receives Royal Assent.

SCHEDULE 6

MINISTRY OF INFRASTRUCTURE ACT, 2011

Section 7.1 of the Ministry of Infrastructure Act, 2011 is repealed.

The Act is amended by adding the following section:

Production

of information, documents, etc.

10.1

(1) The

Minister may issue directives, in writing, directing a municipality or its

municipal agencies to provide the Minister or Ontario Infrastructure and Lands

Corporation with information and data, as well as copies of any contracts,

records, reports, surveys, plans and any other document that, in the Minister’s

opinion, may be required to support the development or implementation of a

project funded, in whole or in part, by the Government and the municipality or

its municipal agencies shall comply with the directive.

Definition

(2) In

this section,

“municipal

agencies”, in relation to a municipality, means,

(

a) every

local board as defined in subsection 1 (1) of the Municipal

Act, 2001 ,

(

b) every

local board as defined in subsection 3 (1) of the City of

Toronto Act, 2006 , including, for greater certainty, the Toronto Transit

Commission,

(

c) every

corporation established by a municipality under

section 203 of the Municipal Act, 2001 and every secondary corporation as

defined in subsection 203 (3.1) of that Act, and

(

d) every

corporation established by the City of Toronto under

section 148 of the City of Toronto Act, 2006 and every secondary corporation

as defined in subsection 148 (4) of that Act.

Paragraph 2.1 of subsection 19 (2) of the Act is repealed.

Revocation

Ontario Regulation 378/24 is revoked.

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Building Faster and Smarter Act, 2025 receives Royal Assent.

SCHEDULE 7

PLANNING ACT

(1) Section 16 of the Planning Act is

amended by adding the following subsection:

Restrictions

for elementary and secondary schools

(3.2.1) No

official plan may contain any policy that has the effect of prohibiting the use

of a parcel of urban residential land for an elementary school or secondary

school of a school board or any ancillary uses to such schools, including the

use of a child care centre located in the school.

(2) Subsection

16 (3.3) of the Act is amended by striking out “(3.1), or (3.2)” and

substituting “(3.1), (3.2) or (3.2.1)”.

(1) Section 17 of the Act is amended by adding the following

subsections:

Written

approval of amendment to official plan

(21.1) The

council of a municipality or a planning board, as the case may be, shall obtain

written approval from the Minister before adopting an amendment to an official

plan that adds, amends or revokes any of the provisions described in subsection

22 (5), 34 (10.2), 41 (3.4), 51 (18) or 53 (3) of this Act or subsection 114

(4.3) of the City of Toronto Act, 2006 .

Same

(21.2) An

amendment described in subsection (21.1) that is adopted on or after May 12,

2025 without first obtaining the approval of the Minister in accordance with

subsection (21.1) is deemed not to have been adopted.

(2) Subsections

17 (21.1) and (21.2) of the Act, as enacted by subsection (1), are repealed.

(1) Subsection 22 (5) of the Act is amended by striking out “A

council” at the beginning and substituting “Subject to the regulations, a

council”.

(2) Section

22 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(6.0.1) The

provision of information or material to a council or planning board in respect

of a requirement under subsection (4) or (5) is deemed to meet the applicable

requirement if the information or material is prepared by a person authorized

to practise a prescribed profession.

(1) Section 34 of the Act is amended by adding the following

subsections:

Provision

re setbacks

(1.4) Subject

to subsection (1.5), a minimum setback distance is deemed to be the prescribed

percentage of the setback distance.

Same,

Greenbelt

(1.5) Subsection

(1.4) does not apply to a building or structure located,

(

a) in

the Greenbelt Area within the meaning of the Greenbelt

Act, 2005 ;

(

b) on

a parcel of land that is not a parcel of urban residential land; or

(

c) on

a parcel of land that includes any land in an area prescribed for the purposes

of subsection 41 (1.2) of this Act.

Same,

transition

(1.6) Despite

any subsequent changes to a minimum setback distance as a result of any changes

to a percentage prescribed for the purposes of subsection (1.4), the minimum

setback distance in respect of a building or structure is deemed to be the

minimum setback distance on the day,

(

a) a

permit is issued under subsection 8 (1) of the Building

Code Act, 1992 , in respect of the building

or structure, where the permit was not revoked under subsection 8 (10) of that

Act; or

(

b) the

lawful use of the building or structure was established, in the case of a

building or structure in respect of which no building permit was required.

Definition

(1.7) In

this section,

“setback

distance” means the distance that a building or structure must be setback from

a boundary of the parcel on which the building or structure is located in

accordance with a by-law passed under this section.

(2) Subsection

34 (10.2) of the Act is amended by striking out “A council” at the beginning

and substituting “Subject to the regulations, a council”.

(3) Section

34 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(10.3.1) The

provision of information or material to a council in respect of a requirement

under subsection (10.1) or (10.2) is deemed to meet the applicable requirement

if the information or material is prepared by a person authorized to practise a

prescribed profession.

Subsection 35.1 (1.3) of the Act is amended by striking out “subsection 34.1

(9) or”.

The Act is amended by adding the following section:

Restrictions

for elementary and secondary schools

35.1.1

(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 a parcel of urban residential land for

an elementary school or secondary school of a school board or any ancillary

uses to such schools, including the use of a child care centre located in the

school.

Provision

of no effect

(2) A

provision of a by-law passed under

section 34 or an order made under clause 47

(1) (

a) is of no effect to the extent that it contravenes a restriction

described in subsection (1) of this section.

(1) Subsection 41 (1.1) of the Act is amended by striking out “if

the school site was in existence on January 1, 2007” at the end.

(2) Subsection

41 (3.4) of the Act is amended by striking out “A municipality” at the

beginning and substituting “Subject to the regulations, a municipality”.

(3) Section

41 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(3.5.1) The

provision of information or material to a municipality in respect of a

requirement under subsection (3.3) or (3.4) is deemed to meet the applicable

requirement if the information or material is prepared by a person authorized

to practise a prescribed profession.

Section 47 of the Act is amended by adding the following subsections:

Conditions

(1.0.1) The

Minister may, in an order made under clause (1) (a), impose such conditions on

the use of land or the erection, location or use of buildings or structures as

in the opinion of the Minister are reasonable.

Same

(1.0.2) When

a condition is imposed under subsection (1.0.1),

(

a) the

Minister may require an owner of land to which the order applies to enter into

an agreement relating to the condition with the Minister or with the

municipality in which the land is situate;

(

b) the

agreement may be registered against the land to which it applies; and

(

c) the

Minister or the municipality, as the case may be, may enforce the agreement

against the owner and, subject to the Registry Act

and the Land Titles Act , any and all subsequent

owners of the land.

Same,

effect

(1.0.3) If

a condition has been imposed under subsection (1.0.1) with respect to the use

of land or the erection, location or use of buildings or structures, the order

is suspended and no person shall use the land or erect, locate or use the

buildings or structures under the authority of the order until the Minister is

satisfied that the condition has been or will be fulfilled.

Notice

to clerk

(1.0.4) If

the Minister is satisfied that the conditions imposed under subsection (1.0.1)

have been or will be fulfilled, the Minister shall provide notice to the clerk

of the local municipality in which the land is situate.

Publication

(1.0.5) Within

15 days after receiving notice pursuant to subsection (1.0.4), the clerk shall

make the notice available to the public.

(1) Subsection 51 (18) of the Act is amended by striking out “An approval

authority” at the beginning and substituting “Subject to the regulations, an

approval authority”.

(2) Section

51 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(19.0.1) The

provision of information or material to an approval authority in respect of a

requirement under subsection (17) or (18) is deemed to meet the applicable

requirement if the information or material is prepared by a person authorized

to practise a prescribed profession.

(1) Subsection 53 (3) of the Act is amended by striking out “A

council or the Minister” at the beginning and substituting “Subject to the

regulations, a council or the Minister”.

(2) Section

53 of the Act is amended by adding the following subsection:

Information

and material prepared by prescribed professionals

(4.0.1) The

provision of information or material to a council or the Minister in respect of

a requirement under subsection (2) or (3) is deemed to meet the applicable requirement

if the information or material is prepared by a person authorized to practise a

prescribed profession.

Subsection 70.1 (1) of the Act is amended by adding the following paragraph:

20.1 governing

the information or material that may be required under subsection 22 (5), 34

(10.2), 41 (3.4), 51 (18) or 53 (3), including specifying information or

material that may or may not be required, and providing that such requirements

or prohibitions prevail over any requirements in an official plan;

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Protect Ontario by

Building Faster and Smarter Act, 2025 receives Royal Assent.

(2) Subsection

2 (2) comes into force on a day to be named by order of the Lieutenant Governor

in Council.

SCHEDULE 8

TRANSIT-ORIENTED COMMUNITIES ACT, 2020

(1) The definition of “Minister” in

section 1 of the Transit-Oriented Communities Act, 2020 is amended by

striking out “Transportation” and substituting “Infrastructure”.

(2) Section

1 of the Act is amended by adding the following definition:

“Ministry”

means the ministry of the Minister; (“ministère”)

(3) The

definition of “priority transit project” in

section 1 of the Act is amended by

striking out “or” at the end of clause (

d) and by repealing clause (

e) and

substituting the following:

(

e) a

provincial transit project as defined in

section 2 of the Building

Transit Faster Act, 2020 , or

(

f) any

other provincial transit project prescribed by the regulations;

(4) The

definition of “transit-oriented community project” in

section 1 of the Act is

amended by striking out “and includes a development project located on transit

corridor land within the meaning of the Building Transit

Faster Act, 2020 ” at the end.

(5) Section

1 of the Act is amended by adding the following subsection:

Transition

(2) A

project that, on the day before the day subsection 1 (4) of

Schedule 8 to Protect Ontario by Building Faster and Smarter Act, 2025

comes into force, was a “transit-oriented community project” as the definition

of that term read immediately before that day is deemed to be a

“transit-oriented community project” on and after that date.

(1) Subsection 4 (1) of the Act is amended by striking out “related

to provincial transit projects prescribed by the regulations for the purposes

of the definition of “priority transit project”” at the end.

(2) Section

4 of the Act is amended by adding the following subsections:

Interpretation

(1.1) For

greater certainty, an entity mentioned in subsection (1) includes a

municipality.

approval needed

(1.2) Despite

subsection (1), the approval of the Lieutenant Governor in Council is not

necessary in respect of,

(

a) any

dealings described in subsection (1) that are between the Minister or an entity

to which the Minister has delegated powers under subsection (4) and a

municipality or a First Nation; or

(

b) any

dealings described in subsection (1) between the Minister or an entity to which

the Minister has delegated powers under subsection (4) and an entity described

in subsection (1) that are subsequent and related to dealings that have been

approved under subsection (1).

(3) Subsection

4 (2) of the Act is amended by striking out “the Minister” in the portion

before clause (

a) and substituting “the Minister or an entity to which the

Minister has delegated powers under subsection (4)”.

(4) Subsection

4 (3) of the Act is repealed and the following substituted:

Investment

policy

(3) The

Minister or an entity to which the Minister has delegated powers under

subsection (4), as the case may be, shall ensure that every entity referred to

in subsection (1) invests any funds that it receives either directly or

indirectly from the Minister or the entity to which the Minister has delegated

powers under subsection (4) in accordance with an investment policy that has

been approved, in writing, by the Minister of Finance.

(5) Subsection

4 (4) of the Act is repealed and the following substituted:

Delegation

(4) The

Minister may, in writing, delegate the Minister’s powers under subsection

(1) in whole or in part to any of the following entities, subject to any conditions

or restrictions that are set out in the delegation:

1. Metrolinx.

2. Ontario

Infrastructure and Lands Corporation.

3. A

public body, within the meaning of the Public Service of

Ontario Act, 2006 , that is prescribed for the purpose of this

section by

the Lieutenant Governor in Council.

The Act is amended by adding the following section:

Agreements

— transit-oriented community land

4.1

(1) For

greater certainty, the Minister or an entity to which the Minister has

delegated powers under subsection 4 (4) may, for the purposes of carrying out

the activities set out in subsection 4 (1), enter into an agreement with any

owner of land that, in the Minister’s opinion, or the opinion of the entity to

which the Minister has delegated powers, is land that is or may be required to

support a transit-oriented community project.

Same

(2) For

greater certainty, a municipality in which land subject to an agreement

mentioned in subsection (1) is located and other entities may be a party to the

agreement.

Agreements

confirmed by Minister

(3) For

the purposes of carrying out the activities set out in subsection 4 (1), the

Minister may confirm that an agreement between an owner of land and a

municipality is or may be, in the Minister’s opinion, required to support a

transit-oriented community project.

Agreements

may be registered

(4) An

agreement entered into under subsection (1) or confirmed under subsection

(3) may, with the consent of all parties to the agreement, be registered against

the land to which it applies.

Enforcement

of agreements

(5) The

Minister or the municipality, as the case may be, is entitled to enforce the

provisions of an agreement mentioned in subsection (1) against the owner and,

subject to the Registry Act and the Land Titles Act , any and all subsequent owners of the

land.

Transition

(6) An

agreement that was registered with respect to transit-oriented community land

that is registered pursuant to Ontario Regulation 378/24 (Agreements regarding

transit-oriented community projects) made under the Ministry

of Infrastructure Act, 2011 are deemed to be validly registered under

this section.

Subsection 5 (1) of the Act is amended by adding the following clause:

(b.1) specifying

dealings under subsection 4 (1) for which approval of the Lieutenant Governor

in Council is not required;

Commencement

(1) Except as provided in this section, this

Schedule comes into

force on the day the Protect Ontario by Building Faster

and Smarter Act, 2025 receives Royal Assent.

(2) Subsections

1 (3) to (5) come into force the day subsection 1

(2) Schedule 2 to the Protect Ontario by Building Faster and Smarter Act, 2025

comes into force.

Date Bill stage Event Outcome Committee

June 5, 2025

Royal Assent

Royal Assent received

June 3, 2025

Third Reading

Vote

Carried on division

June 3, 2025

Third Reading

Question put

Vote deferred

June 3, 2025

Third Reading

Debated

June 2, 2025

Second Reading

Ordered for Third Reading pursuant to the Order of the House

June 2, 2025

Second Reading

Vote

Carried on division

June 2, 2025

Second Reading

Question put

June 2, 2025

Second Reading

Time allocated

May 26, 2025

Second Reading

Debated

Debate adjourned

May 15, 2025

Second Reading

Debated

Debate adjourned

May 12, 2025

First Reading

Ordered for Second Reading

May 12, 2025

First Reading

Vote

Carried

First Reading

May 12, 2025

Carried

Ordered for Second Reading

Second Reading

May 15, 2025

Principal Debaters

Flack, Hon. Rob

Elgin—Middlesex—London

Saunderson, Brian

Simcoe—Grey

Smith, Hon. Graydon

Parry Sound—Muskoka

Questions and Responses

Gallagher Murphy, Dawn

Newmarket—Aurora

McKenney, Catherine

Ottawa Centre

Racinsky, Joseph

Wellington—Halton Hills

Watt, Tyler

Nepean

May 26, 2025

Principal Debaters

Blais, Stephen

Orléans

Burch, Jeff

Niagara Centre

Cerjanec, Rob

Ajax

Gélinas, France

Nickel Belt

Hazell, Andrea

Scarborough—Guildwood

Kerzner, Hon. Michael

York Centre

McKenney, Catherine

Ottawa Centre

McMahon, Mary-Margaret

Beaches—East York

Pasma, Chandra

Ottawa West—Nepean

Schreiner, Mike

Guelph

Shamji, Adil

Don Valley East

Surma, Hon. Kinga

Etobicoke Centre

Vaugeois, Lise

Thunder Bay—Superior North

Questions and Responses

Allsopp, Tyler

Bay of Quinte

Coe, Lorne

Whitby

Cuzzetto, Rudy

Mississauga—Lakeshore

Dowie, Andrew

Windsor—Tecumseh

Harris, Hon. Mike

Kitchener—Conestoga

Leardi, Anthony

Essex

Oosterhoff, Hon. Sam

Niagara West

Pierre, Natalie

Burlington

Rae, Matthew

Perth—Wellington

Saunderson, Brian

Simcoe—Grey

Smith, Laura

Thornhill

Smyth, Stephanie

Toronto—St. Paul's

Stevens, Jennifer (Jennie)

St. Catharines

West, Jamie

Sudbury

Williams, Hon. Charmaine

Brampton Centre

June 2, 2025

Time allocated

June 2, 2025

Question put

Carried on division

Ordered for Third Reading pursuant to the Order of the House

Third Reading

June 3, 2025

Principal Debaters

Clancy, Aislinn

Kitchener Centre

Flack, Hon. Rob

Elgin—Middlesex—London

McKenney, Catherine

Ottawa Centre

McMahon, Mary-Margaret

Beaches—East York

Shamji, Adil

Don Valley East

Smyth, Stephanie

Toronto—St. Paul's

Vaugeois, Lise

Thunder Bay—Superior North

Question put

June 3, 2025

Carried on division

Royal Assent

June 5, 2025

Royal Assent received

Document details

CollectionOntario — Bills
CitationBill 17, 44-1
Typebill
Volume / chapterp44 s1 bill-17 html
Languageen
Formathtml
SourcePROVINCIAL
Identifier120ebf6ed1157a8759d405d1ae1a56a6d9f991c4

Source file is stored in the law ingest library (html).