role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 109, More Homes for Everyone Act, 2022

Clark, Hon. Steve Minister of Municipal Affairs and Housing

Royal Assent received. Statutes of Ontario 2022,

chapter 12

Please select

View bill

Status

Debates

Acts affected

Royal Assent

Original

Bill 109 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 109 and does not form part of the law.

Bill 109 has been enacted as

Chapter 12 of the Statutes of Ontario, 2022.

SCHEDULE 1

CITY OF TORONTO ACT, 2006

The

Schedule makes various amendments to

section 114 of the City

of Toronto Act, 2006 . Here are some highlights:

1. Subsection

(4) is replaced with a number of subsections that set out the rules respecting

consultations with the City before plans and drawings are submitted for

approval and respecting completeness of applications made under this section.

2. New

su bsection (5.1) provides for the appointment of an

authorized person for the purposes of subsection (5). Various related

amendments are made to

section 114 .

3. N ew subsection (14.1) provides for rules respecting when the

City is required to refund fees paid to it pursuant to the Planning Act .

associated provision respecting regulations is also added to the Act as

section

122.2.

SCHEDULE 2

DEVELOPMENT CHARGES ACT, 1997

The

Schedule amends the Development Charges Act, 1997

with respect to the publication of the statement of the treasurer under

section

43 of the Act.

SCHEDULE 3

NEW HOME CONSTRUCTION LICENSING ACT, 2017

The

Schedule amends the New Home Construction Licensing Act,

2017 as follows:

Section

38 is amended to provide that the registrar may consider whether the activities

of an applicant are, or will be if issued a licence, in contravention of the

Act, the regulations or prescribed legislation.

Section

56 is amended to preserve the registrar’s powers to receive complaints, request

information from licensees about complaints and mediate or resolve complaints.

Section 56.1 is added to give certain powers to the registrar if the registrar

believes a licensee has contravened the Act, the regulations or prescribed

legislation.

Section

57 is amended to increase the maximum fine to $50,000 if a licensee is an

individual and $100,000 if a licensee is not an individual. Also, the

discipline committee may impose a fine above the maximum amount if the licensee

received a monetary benefit from failing to comply with the code of ethics.

Last, the committee must consider any prior determination of the committee that

a licensee failed to comply with the code of ethics and, subject to the maximum

fine amount, may impose a more severe fine on the licensee.

Section

71 is amended to provide that in addition to any other penalty imposed by the

court and despite the maximum fine, the court that convicts a person or entity

of an offence may increase a fine imposed on the person or entity if the person

or entity received a monetary benefit as a result of the commission of the

offence.

Section

76 is amended to provide that an assessor may impose an administrative penalty if a person has

contravened or is contravening a prescribed provision of the Ontario

New Home Warranties Plan Act or the regulations or the by-laws of the

warranty authority made under it. This

section is also amended to increase the

maximum administrative penalty to $25,000 and to provide that an assessor may

impose a penalty against a person above the maximum amount if the person received

a monetary benefit as a result of a contravention.

Section

84 is amended to grant the Minister the power to make regulations governing

fines that the discipline committee or the appeals committee may impose.

SCHEDULE 4

ONTARIO NEW HOME WARRANTIES PLAN ACT

The

Schedule amends the Ontario New Home Warranties Plan Act .

Clause

22.1 (1) (

j) is amended to provide that the Lieutenant Governor in Council

may make regulations extending

the time of expiration of a warranty provided for under subsection 13 (1),

including establishing any conditions for such an extension, in respect of an

item that is missing or remains unfinished or work performed or materials supplied

after the date specified in the certificate under subsection 13 (3).

Section

23 is amended in two ways with respect to the by-law making power of the Corporation

designated under the Act. First, clause 23 (1) (

j) is amended to provide that

the Corporation may specify warranties under clause 13 (1) (

c) and the time of

expiration of those warranties. Second, clause 23 (1) (j.1) is added to provide

for a similar amendment as in clause 22.1 (1) (j), but the Corporation’s power

is subject to a regulation made under clause 22.1 (1) (

j) and the approval of

the Minister.

Technical

amendments to update cross-references in the Act are also made.

SCHEDULE 5

PLANNING ACT

The

Schedule makes various amendments to the Planning Act .

Here are some highlights:

1. New

subsections 17 (40.1) to (40.1.3) provide rules respecting when the Minister as

an approval authority can provide notice to suspend the period of time after

which there may be appeals of the failure to make a decision in respect of a

plan.

2. New

subsections 17 (55) to (64) provide a process for the Minister as an approval

authority to refer plans to the Ontario Land Tribunal for a recommendation or a

decision.

3. New

subsection 34 (10.12) provides rules respecting when municipalities are

required to refund fees in respect of applications under that section.

4. An

additional type of Minister’s order is added to the Act in

section 34.1. These

orders are made by the Minister at the request of a municipality. This

section

sets out the process and rules respecting such orders.

5. New

subsections 37 (54) to (59) require regular reviews of community benefits

charge by-laws and provide rules respecting such reviews.

6. A

number of amendments are made to

section 41. A number of subsections are added

that set out the rules respecting consultations with municipalities before

plans and drawings are submitted for approval and respecting completeness of

applications made under this section. New subsection (4.0.1) provides for the

appointment of an authorized person for the purposes of subsection (4). New

subsection (11.1) provides for rules respecting when municipalities are

required to refund fees.

7. Amendments

are made to sections 42 and 51.1 with respect to parkland requirements on land

designated as transit-oriented community land under the Transit-Oriented

Communities Act, 2020 .

8. New

rules are added to

section 51 with respect to extensions of approvals by

approval authorities.

9. New

section 70.3.1 provides the Minister with authority to make certain regulations

respecting surety bonds and other instruments in connection with approvals with

respect to land use planning.

Bill 109 2022

Act to amend the various statutes with respect to housing, development and

various other matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

City

of Toronto Act, 2006

Schedule 2

Development

Charges Act, 1997

Schedule 3

New

Home Construction Licensing Act, 2017

Schedule 4

Ontario

New Home Warranties Plan Act

Schedule 5

Planning

Act

Her

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 proclamation of the Lieutenant Governor, a

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the More Homes for Everyone

Act, 2022 .

SCHEDULE 1

CITY OF TORONTO ACT, 2006

(1) Subsection 114 (4) of the City of Toronto

Act, 2006 is repealed and the following substituted:

Consultation

(4) The

City may, by by-law, require applicants to consult with the City before

submitting plans and drawings for approval under subsection (5).

Same

(4.1) Where

a by-law referred to in subsection (4) does not apply, the City shall permit

applicants to consult with the City as described in that subsection.

Prescribed

information

(4.2) If

information or materials are prescribed for the purposes of this section, an

applicant shall provide the prescribed information and material to the City.

Other

information

(4.3) The

City may require that an applicant provide any other information or material

that the City considers it may need, but only if the official plan contains

provisions relating to requirements under this subsection.

Refusal

and timing

(4.4) Until

the City has received the plans and drawings referred to in subsection (5), the

information and material required under subsections (4.2) and (4.3), if any,

and any fee under

section 69 of the Planning Act ,

(

a) the

City may refuse to accept or further consider the application; and

(

b) the

time period referred to in subsection 114 (15) of this Act does not begin.

Response

re completeness of application

(4.5) Within

30 days after the applicant pays any fee under

section 69 of the Planning Act , the City shall notify the person or public

body that the plans and drawings referred to in subsection 114 (5) of this Act

and the information and material required under subsections (4.2) and (4.3) ,

if any, have been provided, or that they have not been provided, as the case

may be.

Motion

re dispute

(4.6) Within

30 days after a negative notice is given under subsection (4.5), the applicant

or the City may make a motion for directions to have the Ontario Land Tribunal

determine,

(

a) whether

the plans and drawings and the information and material have in fact been

provided; or

(

b) whether

a requirement made under subsection (4.3) is reasonable.

Same

(4.7) If

the City does not give any notice under subsection (4.5), the applicant may

make a motion under subsection (4.6) at any time after the 30-day period

described in subsection (4.5) has elapsed.

Final

determination

(4.8) The

Ontario Land Tribunal’s determination under subsection (4.6) is not subject to

appeal or review.

(2) Subsection

114 (5) of the Act is amended by striking out the portion before paragraph 1

and substituting the following:

Approval

of plans or drawings

(5) No

person shall undertake any development in an area designated under subsection

(2) unless the authorized person referred to in subsection (5.1) or, where an

appeal has been made under subsection (15), the Ontario Land Tribunal has

approved one or both, as the authorized person may determine, of the following:

. . . .

(3) Section

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

Authorized

person

(5.1) If

the City passes a by-law under subsection (2), the City shall appoint an

officer, employee or agent of the City as an authorized person for the purposes

of subsection (5).

(4) Section

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

Refund

(14.1) With

respect to plans and drawings referred to in subsection (5) that are submitted on

or after the day subsection 1 (4) of

Schedule 1 to the

More Homes for Everyone Act, 2022 comes into force, the City shall

refund any fee paid pursuant to

section 69 of the Planning

Act in respect of the plans and drawings in accordance with the

following rules:

1. If

the City approves the plans or drawings under subsection 114 (5) of this Act within

the time period referred to in subsection 114 (15) of this Act, the City shall

not refund the fee.

2. If

the City has not approved the plans or drawings under subsection 114 (5) of

this Act within the time period referred to in subsection 114 (15) of this Act,

the City shall refund 50 per cent of the fee.

3. If

the City has not approved the plans or drawings under subsection 114 (5) of

this Act within a time period that is 30 days longer than the time period referred

to in subsection 114 (15) of this Act, the City shall refund 75 per cent of the

fee.

4. If

the City has not approved the plans or drawings under subsection 114 (5) of

this Act within a time period that is 60 days longer than the time period referred

to in subsection 114 (15) of this Act, the City shall refund all of the fee.

(5) Subsection

114 (15) of the Act is amended by striking out “30” and substituting “60”.

(6) Subsection

114 (17) of the Act is repealed and the following substituted:

Classes

of development, delegation

(17) Where

the City has designated a site plan control area under this section, the City

may, by by-law, define any class or classes of development that may be

undertaken without the approval of plans and drawings otherwise required under

subsection (5).

(7) Subsection

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

Transition

(18) This

section as it read immediately before the day subsection 1 (7) of

Schedule 1 to

the More Homes for Everyone Act, 2022 comes into

force continues to apply with respect to plans and drawings that were submitted

for approval under subsection (5) of this Act before that day.

(8) Subsection

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

Same

(19) This

section as it read immediately before July 1, 2022 continues to apply with

respect to plans and drawings that were submitted for approval under subsection

(5) on or after the day subsection 1 (7) of

Schedule 1 to the More Homes for Everyone Act, 2022 comes into force but

before July 1, 2022.

The Act is amended by adding the following section:

Regulations

re s. 114 (4.2)

122.2 The Minister of

Municipal Affairs and Housing may make regulations prescribing information and

materials for the purposes of subsection 114 (4.2).

Commencement

(1) Except as otherwise provided in this

section, this

Schedule comes into force on the day the More

Homes for Everyone Act, 2022 receives Royal Assent.

(2) Subsections

1 (2), (3), (6) and (8) come into force on the later of July 1, 2022 and the

day the More Homes for Everyone Act, 2022 receives

Royal Assent.

(3) Subsection

1 (4) comes into force on the later of January 1, 2023 and the day the More Homes for Everyone Act, 2022 receives Royal Assent.

SCHEDULE 2

DEVELOPMENT CHARGES ACT, 1997

Subsection 43 (2.1) of the Development Charges Act, 1997

is repealed and the following substituted:

Statement

available to public

(2.1) The

council shall ensure that the statement is made available to the public,

(

a) by

posting the statement on the website of the municipality or, if there is no

such website, in the municipal office; and

(

b) in

such other manner and in accordance with such other requirements as may be

prescribed.

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

(t.0.1) prescribing

the manner in which a statement is to be made available and other requirements

for the purposes of clause 43 (2.1) (b);

Commencement

3 This

Schedule comes into force on the day the More Homes for Everyone Act, 2022 receives Royal Assent.

SCHEDULE 3

NEW HOME CONSTRUCTION LICENSING ACT, 2017

Clause 38 (1) (

c) of the New Home Construction Licensing

Act, 2017 is repealed and the following substituted:

(

c) neither

the applicant, nor any interested person in respect of the applicant, has

carried on or is carrying on activities,

(

i) that

are in contravention of this Act or the regulations, or that will be in

contravention of this Act or the regulations if the applicant is issued a

licence, or

(ii) that

are in contravention of prescribed legislation, or that will be in

contravention of prescribed legislation if the applicant is issued a licence;

Section 56 of the Act is repealed and the following substituted:

Complaints

(1) The registrar may,

(

a) receive

complaints concerning conduct that may be in contravention of this Act, the

regulations or prescribed legislation;

(

b) make

written requests to licensees for information regarding complaints; and

(

c) attempt

to mediate or resolve complaints, as appropriate, concerning any conduct that

comes to the registrar’s attention that may be in contravention of this Act, the

regulations or prescribed legislation.

Request

for information

(2) A

request made under clause (1) (

b) shall indicate the nature of the complaint.

Duty

to comply

(3) A

licensee who receives a request made under clause (1) (

b) shall provide the

requested information to the registrar.

Registrar’s

powers

56.1 If the registrar is of

the opinion, whether as a result of a complaint or otherwise, that a licensee

has contravened any provision of this Act, the regulations or prescribed

legislation, the registrar may do any of the following, as the registrar

considers appropriate:

1. Give

the licensee a written warning, stating that if the licensee continues with the

activity that led to the alleged contravention, action may be taken against the

licensee.

2. Require

the licensee to take further educational courses.

3. Require

the licensee, in accordance with the terms, if any, that the registrar

specifies, to fund educational courses for persons that the licensee employs or

to arrange and fund the courses.

4. Refer

the matter, in whole or in part, to the discipline committee.

5. Take

an action under

section 40, subject to

section 43.

6. Take

further action as is appropriate in accordance with this Act.

(1) Paragraph 3 of subsection 57 (4) of the Act is repealed and the

following substituted:

3. Impose

such fine as the committee considers appropriate, subject to subsections (4.1),

(4.2) and (4.3), to be paid by the licensee to the regulatory authority or, if

there is no regulatory authority, to the Minister of Finance.

(2) Section

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

Maximum

fines

(4.1) Subject

to subsection (4.2), the maximum amount of the fine mentioned in paragraph 3 of

subsection (4) is,

(a) $50,000,

or such lesser amount as may be prescribed, if the licensee is an individual;

(b) $100,000,

or such lesser amount as may be prescribed, if the licensee is not an

individual.

Same,

monetary benefit

(4.2) The

total amount of the fine referred to in subsection (4.1) may be increased by an

amount equal to the amount of the monetary benefit acquired by or that accrued

to the licensee as a result of a failure to comply with the code of ethics.

Same,

prior determination

(4.3) In

making its order to impose a fine under paragraph 3 of subsection (4), the

discipline committee shall consider any prior determination of the committee

that the licensee failed to comply with the code of ethics and, subject to the

maximum amount of the fine referred to in subsection (4.1), may impose a more

severe fine having regard to the prior determination.

Section 71 of the Act is amended by adding the following subsection:

Same,

monetary benefit

(4.1) In

addition to any other penalty imposed by the court and despite the maximum fine

referred to in subsection (4), the court that convicts a person or entity of an

offence under this

section may increase a fine imposed on the person or entity by

an amount equal to the amount of the monetary benefit acquired by or that accrued

to the person or entity as a result of the commission of the offence.

(1) Subsection 76 (1) of the Act is repealed and the following

substituted:

Order

(1) An assessor may, by order,

impose an administrative penalty against a person in accordance with this

section and the regulations made by the Minister if the assessor is satisfied

that the person has contravened or is contravening,

(

a) a

prescribed provision of this Act or the regulations;

(

b) a

condition of a licence, if the person is the licensee;

(

c) a

prescribed provision of the Ontario New Home Warranties

Plan Act or the regulations or the by-laws of the warranty authority

made under it; or

(

d) a

prescribed provision of the Protection for Owners and

Purchasers of New Homes Act, 2017 or the regulations made under it.

(2) Subsection

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

Amount

(4) Subject

to subsection (4.1), the amount of an administrative penalty shall reflect the

purpose of the penalty and shall be determined in accordance with the

regulations made by the Minister, but the amount of the penalty shall not

exceed $25,000.

Same,

monetary benefit

(4.1) The

total amount of the administrative penalty referred to in subsection (4) may be

increased by an amount equal to the amount of the monetary benefit acquired by

or that accrued to the person as a result of the contravention.

Subsection 84 (1) of the Act is amended by adding the following clause:

(g.1) governing

fines that the discipline committee or the appeals committee may impose,

including the criteria to be considered in determining the amount, the

procedure for making an order for a fine and the rights of the parties affected

by the procedure;

Rebuilding

Consumer Confidence Act, 2020

Section 17 of

Schedule 4 to the Rebuilding

Consumer Confidence Act, 2020 is repealed.

Commencement

(1) Except as otherwise provided in this

section, this

Schedule comes into force on the day the More

Homes for Everyone Act, 2022 receives Royal Assent.

(2) Section

5 comes into force on the later of the day

section 76 of

Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017

comes into force and the day the More Homes for Everyone Act,

2022 receives Royal Assent.

SCHEDULE 4

ONTARIO NEW HOME WARRANTIES PLAN ACT

Clause 22.1 (1) (

j) of the Ontario New Home Warranties

Plan Act is repealed and the following substituted:

(

j) extending the time of expiration of a

warranty provided for under subsection 13 (1), including establishing any conditions

for such an extension, in respect of an item that is missing or remains unfinished

or work performed or materials supplied after the date specified in the

certificate under subsection 13 (3);

(1) Clause 23 (1) (

g) of the Act is amended by striking out “22.1

(

l) or (v)” and substituting “22.1 (1) (

l) or (v)”.

(2) Clause

23 (1) (

j) of the Act is repealed and the following substituted:

(

j) subject

to the approval of the Minister, specifying warranties under clause 13 (1) (

c) and the time of expiration of those warranties;

(3) Subsection

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

(j.1) subject

to a regulation described in clause 22.1 (1) (

j) and to the approval of the

Minister, extending the time of expiration of a warranty provided for under

subsection 13 (1), including establishing any conditions for such an extension,

in respect of an item that is missing or remains unfinished or work performed or

materials supplied after the date specified in the certificate under subsection

13 (3);

(4) Clause

23 (1) (m.1) of the Act is amended by striking out “22.1 (t)” and substituting

“22.1 (1) (t)”.

Commencement

3 This

Schedule comes into force on the day the More Homes for Everyone Act, 2022 receives Royal Assent.

SCHEDULE 5

PLANNING ACT

Section 17 of the Planning Act is amended by adding

the following subsections:

Notice

to suspend time period

(40.1) If

the approval authority in respect of a plan is the Minister, the Minister may

suspend the time period described in subsection (40) by giving notice of the

suspension to the municipality that adopted the plan and, in the case of a plan

amendment adopted in response to a request under

section 22, to the person or

public body that requested the amendment.

Same

(40.1.1) The

effect of a suspension under subsection (40.1) is to suspend the time period

referred to in subsection (40) until the date the Minister rescinds the notice,

and the period of the suspension shall not be included for the purposes of

counting the period of time described in subsection (40).

Same

(40.1.2) For

greater certainty, the Minister may make a decision under subsection (34) in

respect of a plan that is the subject of a notice provided under subsection

(40.1) even if the notice has not been rescinded.

Same,

retroactive deemed notice

(40.1.3) If

a plan was received by the Minister on or before March 30, 2022, a decision

respecting the plan has not been made under subsection (34) before that day and

no notice of appeal in respect of the plan was filed under subsection

(40) before that day,

(

a) the

plan shall be deemed to have been received by the Minister on March 29, 2022;

and

(

b) the

Minister shall be deemed to have given notice under subsection (40.1) on March 30,

. . . .

Referral

to Tribunal for recommendation

(55) If

the approval authority in respect of a plan is the Minister, the Minister may,

before making a decision under subsection (34), refer all or part of the plan

to the Tribunal for a recommendation.

Record

to Tribunal

(56) If

the Minister refers all or part of a plan to the Tribunal under subsection

(55) or (61), the Minister shall ensure that a record is compiled and provided to

the Tribunal.

Recommendation

(57) If

the Minister refers all or part of a plan to the Tribunal under subsection

(55), the Tribunal shall make a written recommendation to the Minister stating

whether the Minister should approve the plan or part of

the plan, make modifications and approve the plan or part of the plan as

modified or refuse the plan or part of the plan and shall give reasons for

the recommendation.

Hearing

or other proceeding by Tribunal

(58) Before

making a recommendation under subsection (57), the Tribunal may hold a hearing

or other proceeding and if the Tribunal does so, it shall provide notice of

such hearing or other proceeding to,

(

a) the

municipality that adopted the plan; and

(

b) any

person or public body who, before the plan was adopted, made oral submissions

at a public meeting or made written submissions to the council.

Copy

of recommendation

(59) A

copy of the recommendation of the Tribunal shall be sent to each person who

appeared before the Tribunal and to any person who in writing requests a copy

of the recommendation.

Decision

on plan

(60) After

considering the recommendation of the Tribunal, the Minister may proceed to

make a decision under subsection (34).

Referral

to Tribunal for decision

(61) If

the approval authority in respect of a plan is the Minister, the Minister may,

before making a decision under subsection (34), refer the plan to the Tribunal

for a decision.

Hearing

by Tribunal

(62) If

the Minister refers a plan to the Tribunal under subsection (61), the Tribunal

may hold a hearing or other proceeding and if the Tribunal does so, it shall

provide notice of such hearing or other proceeding to,

(

a) the

municipality that adopted the plan; and

(

b) any

person or public body who, before the plan was adopted, made oral submissions

at a public meeting or made written submissions to the council.

Decision

by Tribunal

(63) Subsections

(50) and (50.1) apply, with necessary modifications, to a referral for a

decision made under subsection (61).

Referral

of matters in process

(64) For

greater certainty, a plan that was submitted to the Minister for approval prior

to the day

section 1 of

Schedule 5 to the More Homes for

Everyone Act, 2022 comes into force may be the subject of a referral

under subsection (55) or (61) if a decision respecting the plan has not yet

been made under subsection (34).

Section 19.1 of the Act is amended by striking out “34 to 39” and substituting

“34, 35 to 39”.

Subsection 21 (3) of the Act is repealed and the following substituted:

Exception

(3) Subsection

17 (36.5) applies to an amendment only if it is,

(

a) an

amendment that has been the subject of a referral to the Tribunal for a

recommendation pursuant to subsection 17 (55); or

(

b) a

revision that is adopted in accordance with

section 26.

(1) Clause 34 (10.3) (

b) of the Act is amended by adding “or

(11.0.0.0.1), as the case may be,” after “subsection (11)”.

(2) Section

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

Refund

of fee

(10.12) With

respect to an application received on or after the day subsection 4 (2) of

Schedule 5 to the More Homes for Everyone Act, 2022

comes into force, the municipality shall refund any fee paid pursuant to

section 69 in respect of the application in accordance with the following

rules:

1. If

the municipality makes a decision on the application within the time period

referred to in subsection (11) or (11.0.0.0.1), as the case may be, the

municipality shall not refund the fee.

2. If

the municipality fails to make a decision on the application within the time

period referred to in subsection (11) or (11.0.0.0.1), as the case may be, the

municipality shall refund 50 per cent of the fee.

3. If

the municipality fails to make a decision on the application within the time

period that is 60 days longer than the time period referred to in subsection

(11) or (11.0.0.0.1), as the case may be, the municipality shall refund 75 per

cent of the fee.

4. If

the municipality fails to make a decision on the application within the time

period that is 120 days longer than the time period referred to in subsection

(11) or (11.0.0.0.1), as the case may be, the municipality shall refund all of

the fee.

The Act is amended by adding the following section:

Minister’s

order at request of municipality

Request

for order

34.1

(1) The

council of a municipality may pass a resolution requesting that the Minister,

(

a) make

an order that involves the exercise of the municipality’s powers under

section

34, or that may be exercised in a development permit by-law; or

(

b) amend

an order made under subsection (9) of this section.

delegation

(2) A

council may not delegate its powers under subsection (1).

Content

of resolution

(3) A

resolution referred to in clause (1) (

a) shall identify,

(

a) the

lands to which the requested order would apply; and

(

b) the

manner in which the exercise of the municipality’s powers under

section 34, or

that may be exercised in a development permit by-law, would be exercised in

respect to the lands.

Same

(4) A

resolution referred to in clause (1) (

b) shall identify the requested

amendments to the order.

Same

(5) For

greater certainty, the inclusion of a draft by-law with the resolution shall be

deemed to satisfy the requirements of clause (3) (

b) or subsection (4), as the

case may be.

Consultation

(6) Before

passing a resolution referred to in subsection (1), the municipality shall,

(

a) give

notice to the public in such manner as the municipality considers appropriate;

and

(

b) consult

with such persons, public bodies and communities as the municipality considers

appropriate.

Forwarding to Minister

(7) Within

15 days after passing a resolution referred to in subsection (1), the

municipality shall forward to the Minister,

(

a) a

copy of the resolution;

(

b) a

description of the consultation undertaken pursuant to clause (6) (b);

(

c) a

description of any licences, permits, approvals, permissions or other matters

that would be required before a use that would be permitted by the requested

order could be established; and

(

d) any

prescribed information and material.

Other

information

(8) The

Minister may require the council to provide such other information or material

that the Minister considers necessary.

Orders

(9) The

Minister may make an order,

(

a) upon

receiving a request from a municipality under subsection (1), exercising the

municipality’s powers under

section 34, or that may be exercised in a

development permit by-law, in the manner requested by the municipality with

such modifications as the Minister considers appropriate; and

(

b) upon

receiving a request from the municipality or at such other time as the Minister

considers advisable, amending the order made under clause (a).

Lands

covered by orders

(10) An

order under subsection (9) shall apply to the lands requested by the

municipality with such modifications as the Minister considers appropriate.

Non-application

to Greenbelt Area

(11) An

order under subsection (9) may not be made in respect of any land in the

Greenbelt Area.

Non-application

to order

(12) Despite

any Act or regulation, the following do not apply to the making of an order

under subsection (9):

1. A

policy statement issued under subsection 3 (1).

2. A

provincial plan.

3. An

official plan.

Conditions

(13) The

Minister may, in an order under subsection (9), 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

(14) When

a condition is imposed under subsection (13),

(

a) the

Minister or the municipality in which the land in the order is situate may

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

agreement with the Minister or the municipality, as the case may be;

(

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.

Application

of subs. (12) to licences, etc.

(15) If

a licence, permit, approval, permission or other matter is required before a

use permitted by an order under subsection (9) may be established and the

resolution referred to in subsection (1) includes a request that the Minister

act under this subsection, the Minister may, in an order under subsection (9),

provide that subsection (12) applies, with necessary modifications, to such

licence, permit, approval, permission or other matter.

Coming

into force

(16) An

order made under subsection (9) comes into force in accordance with the

following rules:

1. If

no condition has been imposed under subsection (13), the order comes into force

on the day the order is made or on such later day as is specified in the order.

2. If

a condition has been imposed under subsection (13), the order comes into force

on the later of,

i. the

day the Minister gives notice to the clerk of the municipality that the

Minister is satisfied that all conditions have been or will be fulfilled, and

ii. the

day specified in the order.

Copy

of order to clerk

(17) After

making an order under subsection (9), the Minister shall provide a copy of the

order to the clerk of the municipality in which the land in the order is

situate.

Same,

conditions fulfilled

(18) When

the Minister gives notice to the clerk for the purposes of subparagraph 2 i of

subsection (16), the Minister shall provide a copy of the order that does not

include the conditions imposed under subsection (13).

Same,

not revocation

(19) For

greater certainty, the provision of a copy of the order that does not include

the conditions imposed under subsection (13) is not a revocation of the order

originally provided to the clerk.

Publication

and availability

(20) The

following publication rules apply with respect to an order under subsection

(9):

1. Within

15 days after receiving a copy of the order pursuant to subsection (17) or

(18), as the case may be, the clerk shall,

i. provide

a copy of the order to the owner of any land subject to the order and to any

other prescribed persons or public bodies, and

ii. make

the order available to the public in accordance with the regulations, if any.

2. The

clerk shall ensure that the order remains available to the public until such

time as the order is revoked.

3. If

the municipality in which the lands subject to the order are situate has a

website, the clerk shall ensure that the order is published on such website.

Revocation

order

(21) The

Minister may, by order, revoke an order under subsection (9).

Copy

of revocation order to clerk

(22) The

Minister shall provide a copy of an order under subsection (21) to the clerk of

the municipality in which the land is situate.

Publication

of revocation order

(23) The

following publication rules apply with respect to an order under subsection

(21):

1. Within

15 days after receiving a copy of the order pursuant to subsection (22), the

clerk shall,

i. provide

a copy of the order to the owner of any land subject to the order and to any

other prescribed persons or public bodies, and

ii. make

the order available to the public in accordance with the regulations, if any.

2. If

the municipality in which the lands subject to the order are situate has a

website, the clerk shall ensure that the order is published on such website.

Conflict

(24) In

the event of a conflict between an order under subsection (9) and a by-law

under

section 34 or 38 or a predecessor of those sections, the order prevails

to the extent of the conflict, but in all other respects the by-law remains in

full force and effect.

Guidelines

(25) Before

an order may be issued under subsection (9), the Minister must establish guidelines

respecting orders under subsection (9) and publish the guidelines in accordance

with subsection (26).

Same,

publishing

(26) The

Minister shall publish and maintain the guidelines established under subsection

(25) on a website of the Government of Ontario.

Same,

content

(27) Guidelines

under subsection (25) may be general or particular in application and may,

among other matters, restrict orders to certain geographic areas or types of

development.

Non-application

of Legislation Act, 2006 ,

Part III

(28) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order under subsection (9) or (21) or to a guideline under

subsection (25).

Deemed

zoning by-law

(29) An

order under subsection (9) that has come into force is deemed to be a by-law

passed under

section 34 for the purposes of the following:

1. Subsections

34 (9), 41 (3) and 47 (3) of this Act.

2. Sections

46, 49, 67 and 67.1 of this Act.

3. Subsection

114 (3) of the City of Toronto Act, 2006 .

4. The

Building Code Act, 1992 .

5. Any

other prescribed Act, regulation or provision of

an Act or regulation.

Section 37 of the Act is amended by adding the following subsections:

Regular

review of by-law

(54) If

a community benefits charge by-law is in effect in a local municipality, the

municipality shall ensure that a review of the by-law is undertaken to

determine the need for a revision of the by-law.

Same,

consultation

(55) In

undertaking the review required under subsection (54), the municipality shall

consult with such persons and public bodies as the municipality considers appropriate.

Resolution

re need for revision

(56) After

conducting a review under subsection (54), the council shall pass a resolution

declaring whether a revision to the by-law is needed.

Timing

of review

(57) A

resolution under subsection (56) shall be passed at the following times:

1. Within

five years after the by-law was first passed.

2. If

more than five years have passed since the by-law was first passed, within five

years after the previous resolution was passed pursuant to subsection (56).

Notice

(58) Within

20 days of passing a resolution pursuant to subsection (56), the council shall

give notice, on the website of the municipality, of the council’s determination

regarding whether a revision to the by-law is needed.

Failure

to pass resolution

(59) If

the council does not pass a resolution pursuant to subsection (56) within the

relevant time period set out in subsection (57), the by-law shall be deemed to

have expired on the day that is five years after the by-law was passed or five

years after the previous resolution was passed pursuant to subsection (56), as

the case may be.

(1) Subsection 41 (3.1) of the Act is repealed and the following

substituted:

Consultation

(3.1) The

council may, by by-law, require applicants to consult with the municipality

before submitting plans and drawings for approval under subsection (4).

Same

(3.2) Where

a by-law referred to in subsection (3.1) does not apply, the municipality shall

permit applicants to consult with the municipality as described in that subsection.

Prescribed

information

(3.3) If

information or materials are prescribed for the purposes of this section, an

applicant shall provide the prescribed information and material to the

municipality.

Other

information

(3.4) A

municipality may require that an applicant provide any other information or

material that the municipality considers it may need, but only if the official

plan contains provisions relating to requirements under this subsection.

Refusal

and timing

(3.5) Until

the municipality has received the plans and drawings referred to in subsection

(4), the information and material required under subsections (3.3) and (3.4),

if any, and any fee under

section 69,

(

a) the

municipality may refuse to accept or further consider the application; and

(

b) the

time period referred to in subsection (12) of this

section does not begin.

Response

re completeness of application

(3.6) Within

30 days after the applicant pays any fee under

section 69, the municipality

shall notify the person or public body that the plans and drawings referred to

in subsection (4) and the information and material required under subsections

(3.3) and (3.4), if any, have been provided, or that they have not been

provided, as the case may be.

Motion

re dispute

(3.7) Within

30 days after a negative notice is given under subsection (3.6), the applicant

or municipality may make a motion for directions to have the Tribunal

determine,

(

a) whether

the plans and drawings and the information and material have in fact been provided;

(

b) whether

a requirement made under subsection (3.4) is reasonable.

Same

(3.8) If

the municipality does not give any notice under subsection (3.6), the applicant

may make a motion under subsection (3.7) at any time after the 30-day period described

in subsection (3.6) has elapsed.

Final

determination

(3.9) The

Tribunal’s determination under subsection (3.7) is not subject to appeal or

review.

(2) Subsection

41 (4) of the Act is amended by striking out the portion before paragraph 1 and

substituting the following:

Approval

of plans or drawings

(4) No

person shall undertake any development in an area designated under subsection

(2) unless the authorized person referred to in subsection (4.0.1) or, where an

appeal has been made under subsection (12), the Tribunal has approved one or

both, as the authorized person may determine, of the following:

. . . .

(3) Section

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

Authorized

person

(4.0.1) A

council that passes a by-law under subsection (2) shall appoint an officer,

employee or agent of the municipality as an authorized person for the purposes

of subsection (4).

(4) Subsection

41 (6) of the Act is amended by striking out “the council of”.

(5) Section

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

Refund

(11.1) With

respect to plans and drawings referred to in subsection (4) that are submitted

on or after the day subsection 7 (5) of

Schedule 5 to the More

Homes for Everyone Act, 2022 comes into force, the municipality shall

refund any fee paid pursuant to

section 69 in respect of the plans and drawings

in accordance with the following rules:

1. If

the municipality approves the plans or drawings under subsection (4) within the

time period referred to in subsection (12), the municipality shall not refund

the fee.

2. If

the municipality has not approved the plans or drawings under subsection

(4) within the time period referred to in subsection (12), the municipality shall

refund 50 per cent of the fee.

3. If

the municipality has not approved the plans or drawings under subsection

(4) within a time period that is 30 days longer than the time period referred to in

subsection (12), the municipality shall refund 75 per cent of the fee.

4. If

the municipality has not approved the plans or drawings under subsection (4) within

a time period that is 60 days longer than the time period referred to in

subsection (12), the municipality shall refund all of the fee.

(6) Subsection

41 (12) of the Act is amended by striking out “30” and substituting “60”.

(7) Subsection

41 (13) of the Act is repealed and the following substituted:

Classes

of development, delegation

(13) Where

the council of a municipality has designated a site plan control area under

this section, the council may, by by-law, define any class or classes of

development that may be undertaken without the approval of plans and drawings

otherwise required under subsection (4) or (5).

(8) Section

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

Transition

(15.1) This

section as it read immediately before the day subsection 7 (8) of

Schedule 5 to

the More Homes for Everyone Act, 2022 comes into

force continues to apply with respect to plans and drawings that were submitted

for approval under subsection (4) of this

section before that day.

(9) Section

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

Same

(15.2) This

section as it read immediately before July 1, 2022 continues to apply with

respect to plans and drawings that were submitted for approval under subsection

(4) on or after the day subsection 7 (8) of

Schedule 5 to the More Homes for Everyone Act, 2022 comes into force but

before July 1,

Section 42 of the Act is amended by adding the following subsections:

Exception,

transit-oriented community land

(3.2) Subsections

(3.3) and (3.4) apply to land that is designated as transit-oriented community

land under subsection 2 (1) of the Transit-Oriented

Communities Act, 2020 .

Same,

alternative requirement

(3.3) A

by-law that provides for the alternative requirement authorized by subsection

(3) shall not require a conveyance or payment in lieu that is greater than,

(

a) in

the case of land proposed for development or redevelopment that is five

hectares or less in area, 10 per cent of the land or the value of the land, as

the case may be; and

(

b) in

the case of land proposed for development or redevelopment that is greater than

five hectares in area, 15 per cent of the land or the value of the land, as the

case may be.

Deemed

amendment of by-law

(3.4) If

a by-law passed under this

section requires a conveyance or payment in lieu

that exceeds the amount permitted by subsection (3.3), the by-law is deemed to

be amended to be consistent with subsection (3.3).

. . . .

Encumbered land, identification by Minister of

Infrastructure

(4.27) The

Minister of Infrastructure may, by order, identify land as encumbered land for

the purposes of subsection (4.28) if,

(

a) the

land is designated as transit-oriented community land under subsection 2 (1) of

the Transit-Oriented Communities Act, 2020 ;

(

b) the

land is,

(

i) part

of a parcel of land that abuts one or more other parcels of land on a

horizontal plane only,

(ii) subject

to an easement or other restriction, or

(iii) encumbered

by below grade infrastructure; and

(

c) in

the opinion of the Minister of Infrastructure, the land is capable of being

used for park or other public recreational purposes.

Same,

conveyance of described land

(4.28) If

land proposed for development or redevelopment includes land identified as

encumbered land in an order under subsection (4.27), the encumbered land,

(

a) shall

be conveyed to the local municipality for park or other public recreational

purposes; and

(

b) despite

any provision in a by-law passed under this section, shall be deemed to count

towards any requirement, set out in the by-law, applicable to the development

or redevelopment.

Same,

non-application of Legislation Act, 2006 ,

Part III

(4.29) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order made under subsection (4.27).

(1) Section 51 of the Act is amended by adding the following

subsection:

Same, exception

(25.1) With

respect to an application made on or after the day a regulation made pursuant

to this subsection comes into force, despite subsection (25), the approval

authority may not impose conditions respecting any prescribed matters.

(2) Subsection

51 (33) of the Act is repealed and the following substituted:

Extension

(33) The

approval authority may extend the approval for a time period specified by the

approval authority, but no extension under this subsection is permissible if

the approval lapses before the extension is given, even if the approval has

been deemed not to have lapsed under subsection (33.1).

Deemed

not to have lapsed

(33.1) If

an approval of a plan of subdivision lapses before an extension is given, the

approval authority may deem the approval not to have lapsed unless,

(

a) five

or more years have passed since the approval lapsed;

(

b) the

approval has previously been deemed not to have lapsed under this subsection;

(

c) an

agreement had been entered into for the sale of the land by a description in

accordance with the draft approved plan of subdivision.

Same

(33.2) Before

an approval is deemed not to have lapsed under subsection (33.1), the owner of

the land proposed to be subdivided shall provide the approval authority with an

affidavit or sworn declaration certifying that no agreement had been entered

into for the sale of any land by a description in accordance with the draft

approved plan of subdivision.

Same,

new time period

(33.3) If

an approval authority deems an approval not to have lapsed under subsection

(33.1), the approval authority shall provide that the approval lapses at the

expiration of the time period specified by the approval authority.

Section 51.1 of the Act is amended by adding the following subsections:

Conveyance

of described land

(2.4) If

land proposed for a plan of subdivision includes land identified as encumbered

land in an order under subsection 42 (4.27), the encumbered land,

(

a) shall

be conveyed to the local municipality for park or other public recreational

purposes; and

(

b) despite

any provision in a by-law passed under

section 42, shall be deemed to count

towards any requirement applicable to the plan of subdivision under this

section.

. . . .

Exception,

transit-oriented community land

(3.3) Subsection

(3.4) applies to land that is designated as transit-oriented community land

under subsection 2 (1) of the Transit-Oriented Communities

Act, 2020 .

Limits

on subs. (2) re conveyance percentage

(3.4) The

amount of land a municipality may require to be conveyed under subsection

(2) or the amount of a payment in lieu a municipality may require under subsection

(3.1) shall not exceed,

(

a) if

the land included in the plan of subdivision is five hectares or less in area,

10 per cent of the land or the value of the land, as the case may be; or

(

b) if

the land included in the plan of subdivision is greater than five hectares in

area, 15 per cent of the land or the value of the land, as the case may be.

The Act is amended by adding the following section:

Reporting

on planning matters

64 A council of a municipality or planning board,

as the case may be, shall,

(

a) if

requested by the Minister, provide such information to the Minister on such

planning matters as the Minister may request; and

(

b) report

on the prescribed planning matters in accordance with the regulations.

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

26. prescribing

conditions for the purposes of subsection 51 (25.1) ;

. . . .

30.0.1 for

the purposes of

section 64,

i. prescribing

the planning matters in respect of which municipalities and planning boards

must report and the information about the planning matters that must be

included in a report,

ii. identifying

the persons to whom a report must be provided,

iii. specifying

the frequency with which reports must be produced and provided, and

iv. specifying

the format in which a report must be provided;

The Act is amended by adding the following section:

Regulations

re surety bonds and other instruments

70.3.1

(1) The

Minister may make regulations,

(

a) prescribing

and defining surety bonds and prescribing and further defining other

instruments for the purposes of this section;

(

b) authorizing

owners of land, and applicants for approvals in respect of land use planning

matters, to stipulate the specified types of surety bond or other instrument to

be used to secure an obligation imposed by the municipality, if the

municipality requires the obligation to be secured as a condition to an

approval in connection with land use planning, and specifying any particular

circumstances in which the authority can be exercised.

Definition

(2) In

this section,

“other

instrument” means an instrument that secures the performance of an obligation.

Commencement

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

Schedule

comes into force on the day the More Homes for Everyone

Act, 2022 receives Royal Assent.

(2) Subsections

4 (2) and 7 (5) come into force on the later of January 1, 2023 and the day the

More Homes for Everyone Act, 2022 receives Royal

Assent.

(3) Subsections

7 (2), (3), (7) and (9) come into force on the later of July 1, 2022 and the

day the More Homes for Everyone Act, 2022 receives

Royal Assent.

(4) Section

13 comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Bill 109 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

CITY OF TORONTO ACT, 2006

The

Schedule makes various amendments to

section 114 of the City

of Toronto Act, 2006 . Here are some highlights:

1. Subsection

(4) is replaced with a number of subsections that set out the rules respecting

consultations with the City before plans and drawings are submitted for

approval and respecting completeness of applications made under this section.

2. New

su bsection (5.1) provides for the appointment of an

authorized person for the purposes of subsection (5). Various related

amendments are made to

section 114 .

3. N ew subsection (14.1) provides for rules respecting when the

City is required to refund fees paid to it pursuant to the Planning Act .

associated provision respecting regulations is also added to the Act as

section

122.2.

SCHEDULE 2

DEVELOPMENT CHARGES ACT, 1997

The

Schedule amends the Development Charges Act, 1997

with respect to the publication of the statement of the treasurer under

section

43 of the Act.

SCHEDULE 3

NEW HOME CONSTRUCTION LICENSING ACT, 2017

The

Schedule amends the New Home Construction Licensing Act,

2017 as follows:

Section

38 is amended to provide that the registrar may consider whether the activities

of an applicant are, or will be if issued a licence, in contravention of the

Act, the regulations or prescribed legislation.

Section

56 is amended to preserve the registrar’s powers to receive complaints, request

information from licensees about complaints and mediate or resolve complaints.

Section 56.1 is added to give certain powers to the registrar if the registrar

believes a licensee has contravened the Act, the regulations or prescribed

legislation.

Section

57 is amended to increase the maximum fine to $50,000 if a licensee is an

individual and $100,000 if a licensee is not an individual. Also, the

discipline committee may impose a fine above the maximum amount if the licensee

received a monetary benefit from failing to comply with the code of ethics.

Last, the committee must consider any prior determination of the committee that

a licensee failed to comply with the code of ethics and, subject to the maximum

fine amount, may impose a more severe fine on the licensee.

Section

71 is amended to provide that in addition to any other penalty imposed by the

court and despite the maximum fine, the court that convicts a person or entity

of an offence may increase a fine imposed on the person or entity if the person

or entity received a monetary benefit as a result of the commission of the

offence.

Section

76 is amended to provide that an assessor may impose an administrative penalty if a person has

contravened or is contravening a prescribed provision of the Ontario

New Home Warranties Plan Act or the regulations or the by-laws of the

warranty authority made under it. This

section is also amended to increase the

maximum administrative penalty to $25,000 and to provide that an assessor may

impose a penalty against a person above the maximum amount if the person

received a monetary benefit as a result of a contravention.

Section

84 is amended to grant the Minister the power to make regulations governing

fines that the discipline committee or the appeals committee may impose.

SCHEDULE 4

ONTARIO NEW HOME WARRANTIES PLAN ACT

The

Schedule amends the Ontario New Home Warranties Plan Act .

Clause

22.1 (1) (

j) is amended to provide that the Lieutenant Governor in Council

may make regulations extending

the time of expiration of a warranty provided for under subsection 13 (1),

including establishing any conditions for such an extension, in respect of an

item that is missing or remains unfinished or work performed or materials supplied

after the date specified in the certificate under subsection 13 (3).

Section

23 is amended in two ways with respect to the by-law making power of the Corporation

designated under the Act. First, clause 23 (1) (

j) is amended to provide that

the Corporation may specify warranties under clause 13 (1) (

c) and the time of

expiration of those warranties. Second, clause 23 (1) (j.1) is added to provide

for a similar amendment as in clause 22.1 (1) (j), but the Corporation’s power

is subject to a regulation made under clause 22.1 (1) (

j) and the approval of

the Minister.

Technical

amendments to update cross-references in the Act are also made.

SCHEDULE 5

PLANNING ACT

The

Schedule makes various amendments to the Planning Act .

Here are some highlights:

1. New

subsections 17 (40.1) to (40.1.3) provide rules respecting when the Minister as

an approval authority can provide notice to suspend the period of time after

which there may be appeals of the failure to make a decision in respect of a

plan.

2. New

subsections 17 (55) to (64) provide a process for the Minister as an approval

authority to refer plans to the Ontario Land Tribunal for a recommendation or a

decision.

3. New

subsection 34 (10.12) provides rules respecting when municipalities are

required to refund fees in respect of applications under that section.

4. An

additional type of Minister’s order is added to the Act in

section 34.1. These

orders are made by the Minister at the request of a municipality. This

section

sets out the process and rules respecting such orders.

5. New

subsections 37 (54) to (59) require regular reviews of community benefits

charge by-laws and provide rules respecting such reviews.

6. A

number of amendments are made to

section 41. A number of subsections are added

that set out the rules respecting consultations with municipalities before

plans and drawings are submitted for approval and respecting completeness of

applications made under this section. New subsection (4.0.1) provides for the

appointment of an authorized person for the purposes of subsection (4). New subsection

(11.1) provides for rules respecting when municipalities are required to refund

fees.

7. Amendments

are made to sections 42 and 51.1 with respect to parkland requirements on land

designated as transit-oriented community land under the Transit-Oriented

Communities Act, 2020 .

8. New

rules are added to

section 51 with respect to extensions of approvals by

approval authorities.

9. New

section 70.3.1 provides the Minister with authority to make certain regulations

respecting surety bonds and other instruments in connection with approvals with

respect to land use planning.

Bill 109 2022

Act to amend the various statutes with respect to housing, development and

various other matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

City

of Toronto Act, 2006

Schedule 2

Development

Charges Act, 1997

Schedule 3

New

Home Construction Licensing Act, 2017

Schedule 4

Ontario

New Home Warranties Plan Act

Schedule 5

Planning

Act

Her

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 proclamation of the Lieutenant Governor, a

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the More Homes for Everyone

Act, 2022 .

SCHEDULE 1

CITY OF TORONTO ACT, 2006

(1) Subsection 114 (4) of the City of Toronto

Act, 2006 is repealed and the following substituted:

Consultation

(4) The

City may, by by-law, require applicants to consult with the City before

submitting plans and drawings for approval under subsection (5).

Same

(4.1) Where

a by-law referred to in subsection (4) does not apply, the City shall permit

applicants to consult with the City as described in that subsection.

Prescribed

information

(4.2) If

information or materials are prescribed for the purposes of this section, an

applicant shall provide the prescribed information and material to the City.

Other

information

(4.3) The

City may require that an applicant provide any other information or material

that the City considers it may need, but only if the official plan contains

provisions relating to requirements under this subsection.

Refusal

and timing

(4.4) Until

the City has received the plans and drawings referred to in subsection (5), the

information and material required under subsections (4.2) and (4.3), if any,

and any fee under

section 69 of the Planning Act ,

(

a) the

City may refuse to accept or further consider the application; and

(

b) the

time period referred to in subsection 114 (15) of this Act does not begin.

Response

re completeness of application

(4.5) Within

30 days after the applicant pays any fee under

section 69 of the Planning Act , the City shall notify the person or public

body that the plans and drawings referred to in subsection 114 (5) of this Act

and the information and material required under subsections (4.2) and (4.3) ,

if any, have been provided, or that they have not been provided, as the case

may be.

Motion

re dispute

(4.6) Within

30 days after a negative notice is given under subsection (4.5), the applicant

or the City may make a motion for directions to have the Ontario Land Tribunal

determine,

(

a) whether

the plans and drawings and the information and material have in fact been

provided; or

(

b) whether

a requirement made under subsection (4.3) is reasonable.

Same

(4.7) If

the City does not give any notice under subsection (4.5), the applicant may

make a motion under subsection (4.6) at any time after the 30-day period

described in subsection (4.5) has elapsed.

Final

determination

(4.8) The

Ontario Land Tribunal’s determination under subsection (4.6) is not subject to

appeal or review.

(2) Subsection

114 (5) of the Act is amended by striking out the portion before paragraph 1

and substituting the following:

Approval

of plans or drawings

(5) No

person shall undertake any development in an area designated under subsection

(2) unless the authorized person referred to in subsection (5.1) or, where an

appeal has been made under subsection (15), the Ontario Land Tribunal has

approved one or both, as the authorized person may determine, of the following:

. . . .

(3) Section

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

Authorized

person

(5.1) If

the City passes a by-law under subsection (2), the City shall appoint an

officer, employee or agent of the City as an authorized person for the purposes

of subsection (5).

(4) Section

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

Refund

(14.1) With

respect to plans and drawings referred to in subsection (5) that are submitted on

or after the day subsection 1 (4) of

Schedule 1 to the

More Homes for Everyone Act, 2022 comes into force, the City shall

refund any fee paid pursuant to

section 69 of the Planning

Act in respect of the plans and drawings in accordance with the

following rules:

1. If

the City approves the plans or drawings under subsection 114 (5) of this Act within

the time period referred to in subsection 114 (15) of this Act, the City shall

not refund the fee.

2. If

the City has not approved the plans or drawings under subsection 114 (5) of

this Act within the time period referred to in subsection 114 (15) of this Act,

the City shall refund 50 per cent of the fee.

3. If

the City has not approved the plans or drawings under subsection 114 (5) of

this Act within a time period that is 30 days longer than the time period referred

to in subsection 114 (15) of this Act, the City shall refund 75 per cent of the

fee.

4. If

the City has not approved the plans or drawings under subsection 114 (5) of

this Act within a time period that is 60 days longer than the time period referred

to in subsection 114 (15) of this Act, the City shall refund all of the fee.

(5) Subsection

114 (15) of the Act is amended by striking out “30” and substituting “60”.

(6) Subsection

114 (17) of the Act is repealed and the following substituted:

Classes

of development, delegation

(17) Where

the City has designated a site plan control area under this section, the City

may, by by-law, define any class or classes of development that may be

undertaken without the approval of plans and drawings otherwise required under

subsection (5).

(7) Subsection

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

Transition

(18) This

section as it read immediately before the day subsection 1 (7) of

Schedule 1 to

the More Homes for Everyone Act, 2022 comes into

force continues to apply with respect to plans and drawings that were submitted

for approval under subsection (5) of this Act before that day.

(8) Subsection

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

Same

(19) This

section as it read immediately before July 1, 2022 continues to apply with

respect to plans and drawings that were submitted for approval under subsection

(5) on or after the day subsection 1 (7) of

Schedule 1 to the More Homes for Everyone Act, 2022 comes into force but

before July 1, 2022.

The Act is amended by adding the following section:

Regulations

re s. 114 (4.2)

122.2 The Minister of

Municipal Affairs and Housing may make regulations prescribing information and

materials for the purposes of subsection 114 (4.2).

Commencement

(1) Except as otherwise provided in this

section, this

Schedule comes into force on the day the More

Homes for Everyone Act, 2022 receives Royal Assent.

(2) Subsections

1 (2), (3), (6) and (8) come into force on the later of July 1, 2022 and the

day the More Homes for Everyone Act, 2022 receives

Royal Assent.

(3) Subsection

1 (4) comes into force on the later of January 1, 2023 and the day the More Homes for Everyone Act, 2022 receives Royal Assent.

SCHEDULE 2

DEVELOPMENT CHARGES ACT, 1997

Subsection 43 (2.1) of the Development Charges Act, 1997

is repealed and the following substituted:

Statement

available to public

(2.1) The

council shall ensure that the statement is made available to the public,

(

a) by

posting the statement on the website of the municipality or, if there is no

such website, in the municipal office; and

(

b) in

such other manner and in accordance with such other requirements as may be

prescribed.

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

(t.0.1) prescribing

the manner in which a statement is to be made available and other requirements

for the purposes of clause 43 (2.1) (b);

Commencement

3 This

Schedule comes into force on the day the More Homes for Everyone Act, 2022 receives Royal Assent.

SCHEDULE 3

NEW HOME CONSTRUCTION LICENSING ACT, 2017

Clause 38 (1) (

c) of the New Home Construction Licensing

Act, 2017 is repealed and the following substituted:

(

c) neither

the applicant, nor any interested person in respect of the applicant, has

carried on or is carrying on activities,

(

i) that

are in contravention of this Act or the regulations, or that will be in

contravention of this Act or the regulations if the applicant is issued a

licence, or

(ii) that

are in contravention of prescribed legislation, or that will be in

contravention of prescribed legislation if the applicant is issued a licence;

Section 56 of the Act is repealed and the following substituted:

Complaints

(1) The registrar may,

(

a) receive

complaints concerning conduct that may be in contravention of this Act, the

regulations or prescribed legislation;

(

b) make

written requests to licensees for information regarding complaints; and

(

c) attempt

to mediate or resolve complaints, as appropriate, concerning any conduct that

comes to the registrar’s attention that may be in contravention of this Act, the

regulations or prescribed legislation.

Request

for information

(2) A

request made under clause (1) (

b) shall indicate the nature of the complaint.

Duty

to comply

(3) A

licensee who receives a request made under clause (1) (

b) shall provide the

requested information to the registrar.

Registrar’s

powers

56.1 If the registrar is of

the opinion, whether as a result of a complaint or otherwise, that a licensee

has contravened any provision of this Act, the regulations or prescribed

legislation, the registrar may do any of the following, as the registrar

considers appropriate:

1. Give

the licensee a written warning, stating that if the licensee continues with the

activity that led to the alleged contravention, action may be taken against the

licensee.

2. Require

the licensee to take further educational courses.

3. Require

the licensee, in accordance with the terms, if any, that the registrar specifies,

to fund educational courses for persons that the licensee employs or to arrange

and fund the courses.

4. Refer

the matter, in whole or in part, to the discipline committee.

5. Take

an action under

section 40, subject to

section 43.

6. Take

further action as is appropriate in accordance with this Act.

(1) Paragraph 3 of subsection 57 (4) of the Act is repealed and the

following substituted:

3. Impose

such fine as the committee considers appropriate, subject to subsections (4.1),

(4.2) and (4.3), to be paid by the licensee to the regulatory authority or, if

there is no regulatory authority, to the Minister of Finance.

(2) Section

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

Maximum

fines

(4.1) Subject

to subsection (4.2), the maximum amount of the fine mentioned in paragraph 3 of

subsection (4) is,

(a) $50,000,

or such lesser amount as may be prescribed, if the licensee is an individual;

(b) $100,000,

or such lesser amount as may be prescribed, if the licensee is not an

individual.

Same,

monetary benefit

(4.2) The

total amount of the fine referred to in subsection (4.1) may be increased by an

amount equal to the amount of the monetary benefit acquired by or that accrued

to the licensee as a result of a failure to comply with the code of ethics.

Same,

prior determination

(4.3) In

making its order to impose a fine under paragraph 3 of subsection (4), the

discipline committee shall consider any prior determination of the committee

that the licensee failed to comply with the code of ethics and, subject to the

maximum amount of the fine referred to in subsection (4.1), may impose a more

severe fine having regard to the prior determination.

Section 71 of the Act is amended by adding the following subsection:

Same,

monetary benefit

(4.1) In

addition to any other penalty imposed by the court and despite the maximum fine

referred to in subsection (4), the court that convicts a person or entity of an

offence under this

section may increase a fine imposed on the person or entity by

an amount equal to the amount of the monetary benefit acquired by or that

accrued to the person or entity as a result of the commission of the offence.

(1) Subsection 76 (1) of the Act is repealed and the following

substituted:

Order

(1) An assessor may, by order,

impose an administrative penalty against a person in accordance with this

section and the regulations made by the Minister if the assessor is satisfied

that the person has contravened or is contravening,

(

a) a

prescribed provision of this Act or the regulations;

(

b) a

condition of a licence, if the person is the licensee;

(

c) a

prescribed provision of the Ontario New Home Warranties

Plan Act or the regulations or the by-laws of the warranty authority

made under it; or

(

d) a

prescribed provision of the Protection for Owners and

Purchasers of New Homes Act, 2017 or the regulations made under it.

(2) Subsection

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

Amount

(4) Subject

to subsection (4.1), the amount of an administrative penalty shall reflect the

purpose of the penalty and shall be determined in accordance with the

regulations made by the Minister, but the amount of the penalty shall not

exceed $25,000.

Same,

monetary benefit

(4.1) The

total amount of the administrative penalty referred to in subsection (4) may be

increased by an amount equal to the amount of the monetary benefit acquired by

or that accrued to the person as a result of the contravention.

Subsection 84 (1) of the Act is amended by adding the following clause:

(g.1) governing

fines that the discipline committee or the appeals committee may impose,

including the criteria to be considered in determining the amount, the

procedure for making an order for a fine and the rights of the parties affected

by the procedure;

Rebuilding

Consumer Confidence Act, 2020

Section 17 of

Schedule 4 to the Rebuilding

Consumer Confidence Act, 2020 is repealed.

Commencement

(1) Except as otherwise provided in this

section, this

Schedule comes into force on the day the More

Homes for Everyone Act, 2022 receives Royal Assent.

(2) Section

5 comes into force on the later of the day

section 76 of

Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017

comes into force and the day the More Homes for Everyone Act,

2022 receives Royal Assent.

SCHEDULE 4

ONTARIO NEW HOME WARRANTIES PLAN ACT

Clause 22.1 (1) (

j) of the Ontario New Home Warranties

Plan Act is repealed and the following substituted:

(

j) extending the time of expiration of a

warranty provided for under subsection 13 (1), including establishing any

conditions for such an extension, in respect of an item that is missing or

remains unfinished or work performed or materials supplied after the date

specified in the certificate under subsection 13 (3);

(1) Clause 23 (1) (

g) of the Act is amended by striking out “22.1

(

l) or (v)” and substituting “22.1 (1) (

l) or (v)”.

(2) Clause

23 (1) (

j) of the Act is repealed and the following substituted:

(

j) subject

to the approval of the Minister, specifying warranties under clause 13 (1) (

c) and the time of expiration of those warranties;

(3) Subsection

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

(j.1) subject

to a regulation described in clause 22.1 (1) (

j) and to the approval of the

Minister, extending the time of expiration of a warranty provided for under

subsection 13 (1), including establishing any conditions for such an extension,

in respect of an item that is missing or remains unfinished or work performed or

materials supplied after the date specified in the certificate under subsection

13 (3);

(4) Clause

23 (1) (m.1) of the Act is amended by striking out “22.1 (t)” and substituting

“22.1 (1) (t)”.

Commencement

3 This

Schedule comes into force on the day the More Homes for Everyone Act, 2022 receives Royal Assent.

SCHEDULE 5

PLANNING ACT

Section 17 of the Planning Act is amended by adding

the following subsections:

Notice

to suspend time period

(40.1) If

the approval authority in respect of a plan is the Minister, the Minister may

suspend the time period described in subsection (40) by giving notice of the

suspension to the municipality that adopted the plan and, in the case of a plan

amendment adopted in response to a request under

section 22, to the person or

public body that requested the amendment.

Same

(40.1.1) The

effect of a suspension under subsection (40.1) is to suspend the time period

referred to in subsection (40) until the date the Minister rescinds the notice,

and the period of the suspension shall not be included for the purposes of

counting the period of time described in subsection (40).

Same

(40.1.2) For

greater certainty, the Minister may make a decision under subsection (34) in

respect of a plan that is the subject of a notice provided under subsection

(40.1) even if the notice has not been rescinded.

Same,

retroactive deemed notice

(40.1.3) If

a plan was received by the Minister on or before March 30, 2022, a decision

respecting the plan has not been made under subsection (34) before that day and

no notice of appeal in respect of the plan was filed under subsection

(40) before that day,

(

a) the

plan shall be deemed to have been received by the Minister on March 29, 2022;

and

(

b) the

Minister shall be deemed to have given notice under subsection (40.1) on March 30,

. . . .

Referral

to Tribunal for recommendation

(55) If

the approval authority in respect of a plan is the Minister, the Minister may,

before making a decision under subsection (34), refer all or part of the plan

to the Tribunal for a recommendation.

Record

to Tribunal

(56) If

the Minister refers all or part of a plan to the Tribunal under subsection

(55) or (61), the Minister shall ensure that a record is compiled and provided to

the Tribunal.

Recommendation

(57) If

the Minister refers all or part of a plan to the Tribunal under subsection

(55), the Tribunal shall make a written recommendation to the Minister stating

whether the Minister should approve the plan or part of

the plan, make modifications and approve the plan or part of the plan as

modified or refuse the plan or part of the plan and shall give reasons for

the recommendation.

Hearing

or other proceeding by Tribunal

(58) Before

making a recommendation under subsection (57), the Tribunal may hold a hearing

or other proceeding and if the Tribunal does so, it shall provide notice of

such hearing or other proceeding to,

(

a) the

municipality that adopted the plan; and

(

b) any

person or public body who, before the plan was adopted, made oral submissions

at a public meeting or made written submissions to the council.

Copy

of recommendation

(59) A

copy of the recommendation of the Tribunal shall be sent to each person who appeared

before the Tribunal and to any person who in writing requests a copy of the

recommendation.

Decision

on plan

(60) After

considering the recommendation of the Tribunal, the Minister may proceed to

make a decision under subsection (34).

Referral

to Tribunal for decision

(61) If

the approval authority in respect of a plan is the Minister, the Minister may,

before making a decision under subsection (34), refer the plan to the Tribunal

for a decision.

Hearing

by Tribunal

(62) If

the Minister refers a plan to the Tribunal under subsection (61), the Tribunal

may hold a hearing or other proceeding and if the Tribunal does so, it shall

provide notice of such hearing or other proceeding to,

(

a) the

municipality that adopted the plan; and

(

b) any

person or public body who, before the plan was adopted, made oral submissions

at a public meeting or made written submissions to the council.

Decision

by Tribunal

(63) Subsections

(50) and (50.1) apply, with necessary modifications, to a referral for a

decision made under subsection (61).

Referral

of matters in process

(64) For

greater certainty, a plan that was submitted to the Minister for approval prior

to the day

section 1 of

Schedule 5 to the More Homes for

Everyone Act, 2022 comes into force may be the subject of a referral

under subsection (55) or (61) if a decision respecting the plan has not yet

been made under subsection (34).

Section 19.1 of the Act is amended by striking out “34 to 39” and substituting

“34, 35 to 39”.

Subsection 21 (3) of the Act is repealed and the following substituted:

Exception

(3) Subsection

17 (36.5) applies to an amendment only if it is,

(

a) an

amendment that has been the subject of a referral to the Tribunal for a

recommendation pursuant to subsection 17 (55); or

(

b) a

revision that is adopted in accordance with

section 26.

(1) Clause 34 (10.3) (

b) of the Act is amended by adding “or

(11.0.0.0.1), as the case may be,” after “subsection (11)”.

(2) Section

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

Refund

of fee

(10.12) With

respect to an application received on or after the day subsection 4 (2) of

Schedule 5 to the More Homes for Everyone Act, 2022

comes into force, the municipality shall refund any fee paid pursuant to

section 69 in respect of the application in accordance with the following

rules:

1. If

the municipality makes a decision on the application within the time period

referred to in subsection (11) or (11.0.0.0.1), as the case may be, the

municipality shall not refund the fee.

2. If

the municipality fails to make a decision on the application within the time

period referred to in subsection (11) or (11.0.0.0.1), as the case may be, the

municipality shall refund 50 per cent of the fee.

3. If

the municipality fails to make a decision on the application within the time

period that is 60 days longer than the time period referred to in subsection

(11) or (11.0.0.0.1), as the case may be, the municipality shall refund 75 per

cent of the fee.

4. If

the municipality fails to make a decision on the application within the time

period that is 120 days longer than the time period referred to in subsection

(11) or (11.0.0.0.1), as the case may be, the municipality shall refund all of

the fee.

The Act is amended by adding the following section:

Minister’s

order at request of municipality

Request

for order

34.1

(1) The

council of a municipality may pass a resolution requesting that the Minister,

(

a) make

an order that involves the exercise of the municipality’s powers under

section

34, or that may be exercised in a development permit by-law; or

(

b) amend

an order made under subsection (9) of this section.

delegation

(2) A

council may not delegate its powers under subsection (1).

Content

of resolution

(3) A

resolution referred to in clause (1) (

a) shall identify,

(

a) the

lands to which the requested order would apply; and

(

b) the

manner in which the exercise of the municipality’s powers under

section 34, or

that may be exercised in a development permit by-law, would be exercised in

respect to the lands.

Same

(4) A

resolution referred to in clause (1) (

b) shall identify the requested

amendments to the order.

Same

(5) For

greater certainty, the inclusion of a draft by-law with the resolution shall be

deemed to satisfy the requirements of clause (3) (

b) or subsection (4), as the

case may be.

Consultation

(6) Before

passing a resolution referred to in subsection (1), the municipality shall,

(

a) give

notice to the public in such manner as the municipality considers appropriate;

and

(

b) consult

with such persons, public bodies and communities as the municipality considers

appropriate.

Forwarding to Minister

(7) Within

15 days after passing a resolution referred to in subsection (1), the

municipality shall forward to the Minister,

(

a) a

copy of the resolution;

(

b) a

description of the consultation undertaken pursuant to clause (6) (b);

(

c) a

description of any licences, permits, approvals, permissions or other matters

that would be required before a use that would be permitted by the requested

order could be established; and

(

d) any

prescribed information and material.

Other

information

(8) The

Minister may require the council to provide such other information or material

that the Minister considers necessary.

Orders

(9) The

Minister may make an order,

(

a) upon

receiving a request from a municipality under subsection (1), exercising the

municipality’s powers under

section 34, or that may be exercised in a

development permit by-law, in the manner requested by the municipality with

such modifications as the Minister considers appropriate; and

(

b) upon

receiving a request from the municipality or at such other time as the Minister

considers advisable, amending the order made under clause (a).

Lands

covered by orders

(10) An

order under subsection (9) shall apply to the lands requested by the

municipality with such modifications as the Minister considers appropriate.

Non-application

to Greenbelt Area

(11) An

order under subsection (9) may not be made in respect of any land in the

Greenbelt Area.

Non-application

to order

(12) Despite

any Act or regulation, the following do not apply to the making of an order

under subsection (9):

1. A

policy statement issued under subsection 3 (1).

2. A

provincial plan.

3. An

official plan.

Conditions

(13) The

Minister may, in an order under subsection (9), 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

(14) When

a condition is imposed under subsection (13),

(

a) the

Minister or the municipality in which the land in the order is situate may

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

agreement with the Minister or the municipality, as the case may be;

(

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.

Application

of subs. (12) to licences, etc.

(15) If

a licence, permit, approval, permission or other matter is required before a

use permitted by an order under subsection (9) may be established and the

resolution referred to in subsection (1) includes a request that the Minister

act under this subsection, the Minister may, in an order under subsection (9),

provide that subsection (12) applies, with necessary modifications, to such

licence, permit, approval, permission or other matter.

Coming

into force

(16) An

order made under subsection (9) comes into force in accordance with the

following rules:

1. If

no condition has been imposed under subsection (13), the order comes into force

on the day the order is made or on such later day as is specified in the order.

2. If

a condition has been imposed under subsection (13), the order comes into force

on the later of,

i. the

day the Minister gives notice to the clerk of the municipality that the

Minister is satisfied that all conditions have been or will be fulfilled, and

ii. the

day specified in the order.

Copy

of order to clerk

(17) After

making an order under subsection (9), the Minister shall provide a copy of the

order to the clerk of the municipality in which the land in the order is

situate.

Same,

conditions fulfilled

(18) When

the Minister gives notice to the clerk for the purposes of subparagraph 2 i of

subsection (16), the Minister shall provide a copy of the order that does not

include the conditions imposed under subsection (13).

Same,

not revocation

(19) For

greater certainty, the provision of a copy of the order that does not include

the conditions imposed under subsection (13) is not a revocation of the order

originally provided to the clerk.

Publication

and availability

(20) The

following publication rules apply with respect to an order under subsection

(9):

1. Within

15 days after receiving a copy of the order pursuant to subsection (17) or

(18), as the case may be, the clerk shall,

i. provide

a copy of the order to the owner of any land subject to the order and to any

other prescribed persons or public bodies, and

ii. make

the order available to the public in accordance with the regulations, if any.

2. The

clerk shall ensure that the order remains available to the public until such

time as the order is revoked.

3. If

the municipality in which the lands subject to the order are situate has a

website, the clerk shall ensure that the order is published on such website.

Revocation

order

(21) The

Minister may, by order, revoke an order under subsection (9).

Copy

of revocation order to clerk

(22) The

Minister shall provide a copy of an order under subsection (21) to the clerk of

the municipality in which the land is situate.

Publication

of revocation order

(23) The

following publication rules apply with respect to an order under subsection

(21):

1. Within

15 days after receiving a copy of the order pursuant to subsection (22), the

clerk shall,

i. provide

a copy of the order to the owner of any land subject to the order and to any

other prescribed persons or public bodies, and

ii. make

the order available to the public in accordance with the regulations, if any.

2. If

the municipality in which the lands subject to the order are situate has a

website, the clerk shall ensure that the order is published on such website.

Conflict

(24) In

the event of a conflict between an order under subsection (9) and a by-law

under

section 34 or 38 or a predecessor of those sections, the order prevails

to the extent of the conflict, but in all other respects the by-law remains in

full force and effect.

Guidelines

(25) Before

an order may be issued under subsection (9), the Minister must establish guidelines

respecting orders under subsection (9) and publish the guidelines in accordance

with subsection (26).

Same,

publishing

(26) The

Minister shall publish and maintain the guidelines established under subsection

(25) on a website of the Government of Ontario.

Same,

content

(27) Guidelines

under subsection (25) may be general or particular in application and may,

among other matters, restrict orders to certain geographic areas or types of

development.

Non-application

of Legislation Act, 2006 ,

Part III

(28) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order under subsection (9) or (21) or to a guideline under

subsection (25).

Deemed

zoning by-law

(29) An

order under subsection (9) that has come into force is deemed to be a by-law

passed under

section 34 for the purposes of the following:

1. Subsections

34 (9), 41 (3) and 47 (3) of this Act.

2. Sections

46, 49, 67 and 67.1 of this Act.

3. Subsection

114 (3) of the City of Toronto Act, 2006 .

4. The

Building Code Act, 1992 .

5. Any

other prescribed Act, regulation or provision of

an Act or regulation.

Section 37 of the Act is amended by adding the following subsections:

Regular

review of by-law

(54) If

a community benefits charge by-law is in effect in a local municipality, the

municipality shall ensure that a review of the by-law is undertaken to

determine the need for a revision of the by-law.

Same,

consultation

(55) In

undertaking the review required under subsection (54), the municipality shall

consult with such persons and public bodies as the municipality considers

appropriate.

Resolution

re need for revision

(56) After

conducting a review under subsection (54), the council shall pass a resolution

declaring whether a revision to the by-law is needed.

Timing

of review

(57) A

resolution under subsection (56) shall be passed at the following times:

1. Within

five years after the by-law was first passed.

2. If

more than five years have passed since the by-law was first passed, within five

years after the previous resolution was passed pursuant to subsection (56).

Notice

(58) Within

20 days of passing a resolution pursuant to subsection (56), the council shall

give notice, on the website of the municipality, of the council’s determination

regarding whether a revision to the by-law is needed.

Failure

to pass resolution

(59) If

the council does not pass a resolution pursuant to subsection (56) within the

relevant time period set out in subsection (57), the by-law shall be deemed to

have expired on the day that is five years after the by-law was passed or five

years after the previous resolution was passed pursuant to subsection (56), as

the case may be.

(1) Subsection 41 (3.1) of the Act is repealed and the following

substituted:

Consultation

(3.1) The

council may, by by-law, require applicants to consult with the municipality

before submitting plans and drawings for approval under subsection (4).

Same

(3.2) Where

a by-law referred to in subsection (3.1) does not apply, the municipality shall

permit applicants to consult with the municipality as described in that

subsection.

Prescribed

information

(3.3) If

information or materials are prescribed for the purposes of this section, an

applicant shall provide the prescribed information and material to the

municipality.

Other

information

(3.4) A

municipality may require that an applicant provide any other information or

material that the municipality considers it may need, but only if the official

plan contains provisions relating to requirements under this subsection.

Refusal

and timing

(3.5) Until

the municipality has received the plans and drawings referred to in subsection

(4), the information and material required under subsections (3.3) and (3.4),

if any, and any fee under

section 69,

(

a) the

municipality may refuse to accept or further consider the application; and

(

b) the

time period referred to in subsection (12) of this

section does not begin.

Response

re completeness of application

(3.6) Within

30 days after the applicant pays any fee under

section 69, the municipality

shall notify the person or public body that the plans and drawings referred to

in subsection (4) and the information and material required under subsections

(3.3) and (3.4), if any, have been provided, or that they have not been

provided, as the case may be.

Motion

re dispute

(3.7) Within

30 days after a negative notice is given under subsection (3.6), the applicant

or municipality may make a motion for directions to have the Tribunal

determine,

(

a) whether

the plans and drawings and the information and material have in fact been

provided; or

(

b) whether

a requirement made under subsection (3.4) is reasonable.

Same

(3.8) If

the municipality does not give any notice under subsection (3.6), the applicant

may make a motion under subsection (3.7) at any time after the 30-day period

described in subsection (3.6) has elapsed.

Final

determination

(3.9) The

Tribunal’s determination under subsection (3.7) is not subject to appeal or

review.

(2) Subsection

41 (4) of the Act is amended by striking out the portion before paragraph 1 and

substituting the following:

Approval

of plans or drawings

(4) No

person shall undertake any development in an area designated under subsection

(2) unless the authorized person referred to in subsection (4.0.1) or, where an

appeal has been made under subsection (12), the Tribunal has approved one or

both, as the authorized person may determine, of the following:

. . . .

(3) Section

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

Authorized

person

(4.0.1) A

council that passes a by-law under subsection (2) shall appoint an officer,

employee or agent of the municipality as an authorized person for the purposes

of subsection (4).

(4) Subsection

41 (6) of the Act is amended by striking out “the council of”.

(5) Section

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

Refund

(11.1) With

respect to plans and drawings referred to in subsection (4) that are submitted

on or after the day subsection 7 (5) of

Schedule 5 to the More

Homes for Everyone Act, 2022 comes into force, the municipality shall

refund any fee paid pursuant to

section 69 in respect of the plans and drawings

in accordance with the following rules:

1. If

the municipality approves the plans or drawings under subsection (4) within the

time period referred to in subsection (12), the municipality shall not refund

the fee.

2. If

the municipality has not approved the plans or drawings under subsection

(4) within the time period referred to in subsection (12), the municipality shall

refund 50 per cent of the fee.

3. If

the municipality has not approved the plans or drawings under subsection

(4) within a time period that is 30 days longer than the time period referred to in

subsection (12), the municipality shall refund 75 per cent of the fee.

4. If

the municipality has not approved the plans or drawings under subsection (4) within

a time period that is 60 days longer than the time period referred to in

subsection (12), the municipality shall refund all of the fee.

(6) Subsection

41 (12) of the Act is amended by striking out “30” and substituting “60”.

(7) Subsection

41 (13) of the Act is repealed and the following substituted:

Classes

of development, delegation

(13) Where

the council of a municipality has designated a site plan control area under

this section, the council may, by by-law, define any class or classes of

development that may be undertaken without the approval of plans and drawings

otherwise required under subsection (4) or (5).

(8) Section

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

Transition

(15.1) This

section as it read immediately before the day subsection 7 (8) of

Schedule 5 to

the More Homes for Everyone Act, 2022 comes into

force continues to apply with respect to plans and drawings that were submitted

for approval under subsection (4) of this

section before that day.

(9) Section

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

Same

(15.2) This

section as it read immediately before July 1, 2022 continues to apply with

respect to plans and drawings that were submitted for approval under subsection

(4) on or after the day subsection 7 (8) of

Schedule 5 to the More Homes for Everyone Act, 2022 comes into force but

before July 1,

Section 42 of the Act is amended by adding the following subsections:

Exception,

transit-oriented community land

(3.2) Subsections

(3.3) and (3.4) apply to land that is designated as transit-oriented community

land under subsection 2 (1) of the Transit-Oriented

Communities Act, 2020 .

Same,

alternative requirement

(3.3) A

by-law that provides for the alternative requirement authorized by subsection

(3) shall not require a conveyance or payment in lieu that is greater than,

(

a) in

the case of land proposed for development or redevelopment that is five

hectares or less in area, 10 per cent of the land or the value of the land, as

the case may be; and

(

b) in

the case of land proposed for development or redevelopment that is greater than

five hectares in area, 15 per cent of the land or the value of the land, as the

case may be.

Deemed

amendment of by-law

(3.4) If

a by-law passed under this

section requires a conveyance or payment in lieu

that exceeds the amount permitted by subsection (3.3), the by-law is deemed to

be amended to be consistent with subsection (3.3).

. . . .

Encumbered land, identification by Minister of

Infrastructure

(4.27) The

Minister of Infrastructure may, by order, identify land as encumbered land for

the purposes of subsection (4.28) if,

(

a) the

land is designated as transit-oriented community land under subsection 2 (1) of

the Transit-Oriented Communities Act, 2020 ;

(

b) the

land is,

(

i) part

of a parcel of land that abuts one or more other parcels of land on a

horizontal plane only,

(ii) subject

to an easement or other restriction, or

(iii) encumbered

by below grade infrastructure; and

(

c) in

the opinion of the Minister of Infrastructure, the land is capable of being

used for park or other public recreational purposes.

Same,

conveyance of described land

(4.28) If

land proposed for development or redevelopment includes land identified as

encumbered land in an order under subsection (4.27), the encumbered land,

(

a) shall

be conveyed to the local municipality for park or other public recreational

purposes; and

(

b) despite

any provision in a by-law passed under this section, shall be deemed to count

towards any requirement, set out in the by-law, applicable to the development

or redevelopment.

Same,

non-application of Legislation Act, 2006 ,

Part III

(4.29) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to an order made under subsection (4.27).

(1) Section 51 of the Act is amended by adding the following

subsection:

Same, exception

(25.1) With

respect to an application made on or after the day a regulation made pursuant

to this subsection comes into force, despite subsection (25), the approval

authority may not impose conditions respecting any prescribed matters.

(2) Subsection

51 (33) of the Act is repealed and the following substituted:

Extension

(33) The

approval authority may extend the approval for a time period specified by the

approval authority, but no extension under this subsection is permissible if

the approval lapses before the extension is given, even if the approval has

been deemed not to have lapsed under subsection (33.1).

Deemed

not to have lapsed

(33.1) If

an approval of a plan of subdivision lapses before an extension is given, the

approval authority may deem the approval not to have lapsed unless,

(

a) five

or more years have passed since the approval lapsed;

(

b) the

approval has previously been deemed not to have lapsed under this subsection;

(

c) an

agreement had been entered into for the sale of the land by a description in

accordance with the draft approved plan of subdivision.

Same

(33.2) Before

an approval is deemed not to have lapsed under subsection (33.1), the owner of

the land proposed to be subdivided shall provide the approval authority with an

affidavit or sworn declaration certifying that no agreement had been entered

into for the sale of any land by a description in accordance with the draft

approved plan of subdivision.

Same,

new time period

(33.3) If

an approval authority deems an approval not to have lapsed under subsection

(33.1), the approval authority shall provide that the approval lapses at the

expiration of the time period specified by the approval authority.

Section 51.1 of the Act is amended by adding the following subsections:

Conveyance

of described land

(2.4) If

land proposed for a plan of subdivision includes land identified as encumbered

land in an order under subsection 42 (4.27), the encumbered land,

(

a) shall

be conveyed to the local municipality for park or other public recreational

purposes; and

(

b) despite

any provision in a by-law passed under

section 42, shall be deemed to count

towards any requirement applicable to the plan of subdivision under this

section.

. . . .

Exception,

transit-oriented community land

(3.3) Subsection

(3.4) applies to land that is designated as transit-oriented community land

under subsection 2 (1) of the Transit-Oriented Communities

Act, 2020 .

Limits

on subs. (2) re conveyance percentage

(3.4) The

amount of land a municipality may require to be conveyed under subsection

(2) or the amount of a payment in lieu a municipality may require under subsection

(3.1) shall not exceed,

(

a) if

the land included in the plan of subdivision is five hectares or less in area,

10 per cent of the land or the value of the land, as the case may be; or

(

b) if

the land included in the plan of subdivision is greater than five hectares in

area, 15 per cent of the land or the value of the land, as the case may be.

The Act is amended by adding the following section:

Reporting

on planning matters

64 A council of a municipality or planning board,

as the case may be, shall,

(

a) if

requested by the Minister, provide such information to the Minister on such

planning matters as the Minister may request; and

(

b) report

on the prescribed planning matters in accordance with the regulations.

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

26. prescribing

conditions for the purposes of subsection 51 (25.1) ;

. . . .

30.0.1 for

the purposes of

section 64,

i. prescribing

the planning matters in respect of which municipalities and planning boards

must report and the information about the planning matters that must be

included in a report,

ii. identifying

the persons to whom a report must be provided,

iii. specifying

the frequency with which reports must be produced and provided, and

iv. specifying

the format in which a report must be provided;

The Act is amended by adding the following section:

Regulations

re surety bonds and other instruments

70.3.1

(1) The

Minister may make regulations,

(

a) prescribing

and defining surety bonds and prescribing and further defining other

instruments for the purposes of this section;

(

b) authorizing

owners of land, and applicants for approvals in respect of land use planning

matters, to stipulate the specified types of surety bond or other instrument to

be used to secure an obligation imposed by the municipality, if the

municipality requires the obligation to be secured as a condition to an

approval in connection with land use planning, and specifying any particular

circumstances in which the authority can be exercised.

Definition

(2) In

this section,

“other

instrument” means an instrument that secures the performance of an obligation.

Commencement

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

Schedule

comes into force on the day the More Homes for Everyone

Act, 2022 receives Royal Assent.

(2) Subsections

4 (2) and 7 (5) come into force on the later of January 1, 2023 and the day the

More Homes for Everyone Act, 2022 receives Royal

Assent.

(3) Subsections

7 (2), (3), (7) and (9) come into force on the later of July 1, 2022 and the

day the More Homes for Everyone Act, 2022 receives

Royal Assent.

(4) Section

13 comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Date Bill stage Event Outcome Committee

April 14, 2022

Royal Assent

Royal Assent received

April 14, 2022

Third Reading

Vote

Carried on division

April 13, 2022

Third Reading

Deferred vote

April 13, 2022

Third Reading

Debated

April 13, 2022

Second Reading

Ordered for Third Reading

April 13, 2022

Second Reading

Reported without amendment

April 13, 2022

Second Reading

Consideration of a Bill

Standing Committee on the Legislative Assembly

April 11, 2022

Second Reading

Consideration of a Bill

Standing Committee on the Legislative Assembly

April 4, 2022

Second Reading

Ordered referred to Standing Committee

Standing Committee on the Legislative Assembly

April 4, 2022

Second Reading

Vote

Carried on division

March 31, 2022

Second Reading

Deferred vote

March 31, 2022

Second Reading

Debated

March 31, 2022

Second Reading

Debated

March 30, 2022

First Reading

Vote

Carried

Debates and Progress

First Reading

March 30, 2022

Committee

Second Reading

March 31, 2022

Principal Debaters :

Hon. Steve Clark, Mr. Will Bouma, Mr. Jeff Burch, Mr. Jim McDonell, Ms. Sara Singh, Ms. Mitzie Hunter, Mr. Robert Bailey, Ms. Doly Begum, Mr. Mike Schreiner, Mr. Rudy Cuzzetto, Ms. Jill Andrew, Mr. Faisal Hassan

Questions and Comments :

Mr. Terence Kernaghan, Mr. Sheref Sabawy, Mrs. Jennifer (Jennie) Stevens, Ms. Bhutila Karpoche, Mr. Sam Oosterhoff, Mr. Logan Kanapathi, Mr. Michael Parsa, Mr. Norman Miller, Mr. Stephen Crawford, Mr. Lorne Coe, Mr. Billy Pang, Ms. Peggy Sattler, Mrs. Daisy Wai, Mr. Gurratan Singh, Mr. Vincent Ke, Ms. Natalia Kusendova

March 31, 2022 (Continued)

March 31, 2022 (Continued)

March 31, 2022 (Continued)

Vote deferred.

April 4, 2022

Carried on division. Referred to the Standing Committee on the Legislative Assembly.

Committee

Standing Committee on the Legislative Assembly

April 11, 2022

April 13, 2022

April 13, 2022

Reported to the House without amendment. Ordered for Third Reading.

Third Reading

April 13, 2022

Principal Debaters :

Hon. Steve Clark, Mr. Sheref Sabawy, Ms. Jessica Bell, Miss Monique Taylor

Questions and Comments :

Mr. John Yakabuski, , Mr. Sol Mamakwa, Ms. Peggy Sattler, Mr. Michael Mantha

Vote deferred.

April 14, 2022

Carried on division.

Acts affected - Bill 109

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

City of Toronto Act, 2006

Development Charges Act

New Home Construction Licensing Act, 2017

Ontario New Home Warranties Plan Act

Planning Act

Rebuilding Consumer Confidence Act, 2020

Legislative Assembly of Ontario

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top