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a) of the Act is repealed and related amendments are made to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