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Bill 23, More Homes Built Faster Act, 2022

Clark, Steve Minister of Municipal Affairs and Housing

Royal Assent received. Statutes of Ontario 2022,

chapter 21

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Bill 23 Royal Assent (PDF)

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 23 and does not form part of the law.

Bill 23 has been enacted as

Chapter 21 of the Statutes of Ontario, 2022.

SCHEDULE 1

CITY OF TORONTO ACT, 2006

The

Schedule amends

section 111 of the City of Toronto Act, 2006 to give the Minister the authority to make regulations imposing limits and conditions on the powers of the City to prohibit and regulate the demolition and conversion of residential rental properties under that section.

The

Schedule also makes various amendments to

section 114 of the City of Toronto Act, 2006 . New subsections (1.2) and (1.3) are added to qualify the definition of “development” in subsection 114 (1). Amendments to subsection (6) and new subsection (6.1) limit the extent to which exterior design may be addressed through site plan control. Related amendments are also included.

SCHEDULE 2

CONSERVATION AUTHORITIES ACT

The

Schedule repeals and re-enacts subsections 21 (2) and (3) of the Conservation Authorities Act so that a disposition of land in respect of which the Minister has made a grant under

section 39 requires authorities to provide a notice of the proposed disposition to the Minister instead of requiring the Minister’s approval. Authorities will also be required to conduct public consultations before disposing of lands that meet certain criteria. Sections 21.1.1 and 21.1.2 of the Act are also amended to provide that authorities may not provide a program or service related to reviewing and commenting on certain matters under prescribed Acts. A new

section 21.3 is added to the Act authorizing the Minister to direct an authority not to change the fees it charges for a specified period of time.

The Act is amended to provide that certain prohibitions on activities in the area of jurisdiction of an authority do not apply if the activities are part of development authorized under the Planning Act and if other specified conditions are satisfied.

Sections 28.0.1 and 28.1.2 of the Act, which include provisions to require a conservation authority to issue a permission or permit where an order has been made under

section 47 of the Planning Act , are amended to also apply to orders made under

section 34.1 of the Planning Act .

Currently, several factors must be considered when making decisions relating to a permission to carry out a development project or a permit to engage in otherwise prohibited activities. The factors include the possible effects on the control of pollution and the conservation of land. The Act is amended to instead require consideration of the effects on the control of unstable soil or bedrock.

Regulation making powers are amended to provide that the Minister may make regulations limiting the types of conditions that may be attached to a permission or permit.

A new prohibition is added to prohibit a person from continuing to carry out a development project if they have not entered into an agreement by the timeline prescribed in the regulations.

Various other related and consequential amendments and corrections are made, and several regulations made under the Act are revoked.

SCHEDULE 3

DEVELOPMENT CHARGES ACT, 1997

The

Schedule makes various amendments to the Development Charges Act, 1997 . Here are some highlights:

1. Subsection 2 (4) is amended to remove housing services as a service in respect of which a development charge may be imposed.

2. New sections 4.1, 4.2 and 4.3 provide, respectively, for exemptions from development charges for the creation of affordable residential units and attainable residential units, for non-profit housing developments and for inclusionary zoning residential units.

3. Changes are made to the method for determining development charges in

section 5, including to remove the costs of certain studies from the list of capital costs that are considered in determining a development charge that may be imposed and to require development charges to be reduced from what could otherwise be imposed during the first four years a by-law is in force.

4. Currently, subsection 9 (1) provides that, unless it expires or is repealed earlier, a development charge by-law expires five years after it comes into force. The subsection is amended to extend this period to 10 years.

Section 26.2 is amended to provide that development charges in the case of rental housing development are reduced by a percentage based on the number of bedrooms. Transitional matters are provided for, including that the reduction applies to any part of a development charge payable under an agreement under

section 27 that is in respect of a prescribed development and that was entered into before the day the amendments came into force, other than a part of the development charge that is payable under the agreement before the day the development was prescribed.

6. A new

section 26.3 is added to provide a maximum interest rate for the purposes of sections 26.1 and 26.2. Complementary amendments are made to sections 26.1 and 26.2.

7. New subsections 35 (2) and (3) are added, which, for certain services, require a municipality to spend or allocate 60 per cent of the monies in the reserve funds required by

section 33 annually.

SCHEDULE 4

MUNICIPAL ACT, 2001

The

Schedule amends

section 99.1 of the Municipal Act, 2001 to give the Minister the authority to make regulations imposing limits and conditions on the powers of a local municipality to prohibit and regulate the demolition and conversion of residential rental properties under that section.

SCHEDULE 5

NEW HOME CONSTRUCTION LICENSING ACT, 2017

The

Schedule makes various amendments to the New Home Construction Licensing Act, 2017 , including the following:

1. Sections 10 and 11, which relate to competency criteria and composition of the regulatory authority’s board, are amended to provide for the Minister’s powers to be exercised by order instead of by regulation.

Section 71 is amended to provide for higher maximum fines for subsequent convictions for offences .

Section 76 is replaced with a new

section 76, with some changes. The purposes for which an administrative penalty may be imposed are extended to include compliance with the Acts, regulations and by-laws referred to in subsection 76 (1) and the conditions of a licence as well to prevent economic benefit from contraventions. The maximum amount of an administrative penalty is increased to $50,000. New subsections 76 (15) and (16) allow administrative penalties to be imposed for contraventions that occurred between April 14, 2022 and the day

section 76 comes into force.

4. Clause 84 (1) (i), which authorizes regulations specifying the purposes for which the regulatory authority may use funds that it collects as administrative penalties, is replaced with a new clause 84 (1) (

i) that extends the authority to funds that the regulatory authority collects as fines.

5. New clause 84 (1) (i.1) authorizes regulations requiring the regulatory authority to establish, maintain and comply with a policy governing payments to adversely affected persons from funds the authority collects as fines and administrative penalties. New subsection 84 (7) allows such a regulation to provide for any aspect of the policy to be subject to the approval of the Minister.

SCHEDULE 6

ONTARIO HERITAGE ACT

The

Schedule amends the Ontario Heritage Act . Here are some highlights.

Section 25.2 of the Act currently permits the Minister to prepare heritage standards and guidelines for the identification, protection, maintenance, use and disposal of property that is owned by the Crown or occupied by a ministry or prescribed public body and that has cultural heritage value or interest. New subsection 25.2 (3.1) provides that the process for identifying such properties, as set out in the heritage standards and guidelines, may permit the Minister to review determinations made by a ministry or prescribed public body.

New subsection 25.2 (7) authorizes the Lieutenant Governor in Council to, by order, exempt the Crown, a ministry or a prescribed public body from having to comply with the heritage standards and guidelines in respect of a particular property, if the Lieutenant Governor in Council is of the opinion that such exemption could potentially advance one or more provincial priorities, as specified.

Section 27 of the Act currently requires the clerk of each municipality to keep a register that lists all property designated under

Part IV of the Act and also all property that has not been designated, but that the municipal council believes to be of cultural heritage value or interest. New subsection 27 (1.1) requires the clerk of the municipality to ensure that the information included in the register is accessible to the public on the municipality’s website. Subsection 27 (3) is re-enacted to require that non-designated property must meet the criteria for determining whether property is of cultural heritage value or interest, if such criteria are prescribed.

Current subsection 27 (13) is re-enacted to provide that, in addition to applying to properties included in the register on and after July 1, 2021, the objection process set out in subsections 27 (7) and (8) apply to non-designated properties that were included in the register as of June 30, 2021. New subsections 27 (14), (15) and (16) specify circumstances that require the removal of non-designated property from the register. New subsection 27 (18) prevents a council from including such non-designated property in the register again for five years.

Currently, subsection 29 (1.2) of the Act provides that, if a prescribed event occurs, a notice of intention to designate a property under that

section may not be given after 90 days have elapsed from the prescribed event, subject to such exceptions as may be prescribed. The subsection is re-enacted to also provide that the municipality may give a notice of intention to designate the property only if the property was included in the register under subsection 27 (3) as of the date of the prescribed event.

Subsection 41 (1) of the Act currently permits a council of a municipality to designate, by by-law, the municipality or any defined area of it as a heritage conversation district, if there is in effect in the municipality an official plan that contains provisions relating to the establishment of a heritage conservation district. The subsection is re-enacted to also require the municipality or defined area or areas to meet criteria for determining whether they are of cultural heritage value or interest, if such criteria are prescribed. New subsections 41 (10.2) and (10.3) require a council of a municipality wishing to amend or repeal a by-law made under the

section to do so in accordance with such process as may be prescribed; similar rules are added to

section 41.1.

Section 71 of the Act authorizes the Lieutenant Governor in Council to make regulations governing transitional matters to facilitate the implementation of the amendments made in the Schedule.

Other housekeeping amendments are made to the Act.

SCHEDULE 7

ONTARIO LAND TRIBUNAL ACT, 2021

The

Schedule amends the Ontario Land Tribunal Act, 2021 .

Subsection 19 (1) is amended to expand the Tribunal’s powers to dismiss a proceeding without a hearing, on the basis that the party who brought the proceeding has contributed to undue delay.

Section 19 of the Act is also amended to give the Tribunal the power to dismiss a proceeding entirely, if the Tribunal is of the opinion that a party has failed to comply with a Tribunal order.

Section 20 is amended to give the Tribunal the power to order an unsuccessful party to pay a successful party’s costs.

The regulation-making authority in

section 29 is also amended. The Lieutenant Governor in Council is given authority to make regulations requiring the Tribunal to prioritize the resolution of specified classes of proceedings. The Minister is given authority to make regulations prescribing timelines that would apply to specified steps taken by the Tribunal in specified classes of proceedings. The implications of a failure of the Tribunal to comply with the timelines prescribed by the Minister are addressed, and the Minister is given authority to require the Tribunal to report on its compliance with the timelines.

A consequential amendment is made to subsection 13 (4).

SCHEDULE 8

ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012

The

Schedule amends the Ontario Underground Infrastructure Notification System Act, 2012 . Here are some highlights:

1. New subsection 2 (4.4) authorizes the Minister to appoint a chair of the board of directors.

2. New

section 2.3 authorizes the Minister to appoint an administrator of the Corporation. This

section sets out details of this appointment such as the term, powers and duties of the administrator and various rules with respect to liability. New

section 2.5 sets out the conditions to be satisfied in order for the Minister to exercise this authority.

3. New

section 2.4 sets out that the members of the board of directors of the Corporation cease to hold office during an administrator’s tenure, unless otherwise specified. This

section sets out the status of the board during an administrator’s tenure.

4. New

section 2.6 sets out that the Act, the regulations and Minister’s orders prevail in the event of a conflict with the memorandum of understanding or the Corporation’s by-laws and resolutions.

SCHEDULE 9

PLANNING ACT

The

Schedule makes various amendments to the Planning Act . Here are some highlights:

1. The concept of parcels of urban residential land is added as well as rules respecting development on such parcels.

2. New subsections 16 (20) and (21) are added to require zoning by-laws to be amended to conform with certain official plan policies within one year of the policies coming into effect.

3. Currently, under subsection 45 (12), a person has the right to appeal a decision of the committee of adjustment if the person has an interest in the matter. Amendments are made to the subsection to add the requirement that the person also be a specified person listed in a new definition in subsection 1 (1). New subsections 45 (12.1) to (12.4) are added to provide transitional rules associated with this change, including its retroactive application. A similar amendment is made to appeal rights under subsections 53 (19) and (27).

4. Currently, subsections 22 (2.1) to (2.1.2) prohibit requests for official plan amendments to be made within two years of a new official plan or secondary plan coming into effect. The subsections are repealed. The prohibitions on applications to amend zoning by-laws in subsections 34 (10.0.0.1) and (10.0.0.2) and in relation to applications for a minor variance in subsections 45 (1.2) to (1.4) are similarly repealed.

5. Currently,

section 23 of the Act enables the Minister to amend official plans by order where the plan is likely to adversely affect a matter of provincial interest. This

section is re-enacted to, in particular, eliminate certain procedural steps to which the Minister’s power to make orders is subject, as well as to remove the possibility of the Minister requesting that the Tribunal hold a hearing on a proposed amendment.

6. A new subsection 34 (19.9) is added to create an exception to subsection 34 (19.5), which prevents certain appeals of zoning by-laws related to protected major transit station areas if more than a year has passed since related official plan policies or amendments thereto came into effect.

7. Currently, subsection 37 (6) permits a municipality that has passed a community benefits charge by-law to allow an owner of land to provide the municipality facilities, services or matters required because of development or redevelopment in the area. A new subsection 37 (7.1) provides that a municipality may require such an owner to enter into an agreement with the municipality that addresses the provision of the facilities, services or matters and new subsection (7.2) requires the agreement to be registered against the land.

8. Currently, subsection 37 (32) of the Act provides that the amount of a community benefits charge payable in any particular case shall not exceed the prescribed percentage of the value of the land as of the valuation date. The subsection is amended to require the amount to be multiplied by a ratio based on floor area.

9. Various amendments are made to

section 41 of the Act with respect to site plan control areas. New subsections (1.2) and (1.3) are added to qualify the definition of “development” in

section 41. Amendments to subsections (4) and (4.1) provide that exterior design is no longer a matter that is subject to site plan control. Similar changes are made to

section 47.

10. Various amendments are made to

section 42 of the Act with respect to parkland requirements, including the following:

i. Currently subsection 42 (1) provides that a council may require the dedication of land for park or other public recreational purposes as a condition of development or redevelopment and sets out maximum amounts based on the type of development or redevelopment. A new subsection 42 (1.1) is added to establish a maximum amount for development or redevelopment that will include affordable residential units, attainable residential units or residential units required to be affordable pursuant to an inclusionary zoning by-law. Similar changes are made to

section 51.1.

ii. New subsections 42 (2.1) to (2.4) are added, which set out rules with respect to the timing of the determination of the amount of land for park or other public recreational purposes or payment in lieu that is required to be provided under a by-law under the section. Similar changes are made to

section 51.1.

iii. Amendments are made in relation to the alternative requirement for parkland conveyances and payments in lieu, including to change the maximum rates and provide a maximum amount of land or value thereof that may be required to be provided. Similar changes are made to

section 51.1.

iv. New subsections 42 (4.30) to (4.39) are added, which set out a framework for owners of land to identify land to be conveyed to satisfy requirements of a by-law passed under the section. The framework permits owners to appeal to the Tribunal if the municipality refuses to accept the conveyance of the identified land.

v. A new subsection 42 (16.1) is added, which requires a municipality to spend or allocate 60 per cent of the monies in the special account required by subsection 42 (15) annually.

11. Amendments to the exceptions to subdivision control and part-lot control under subsections 50 (3) and (5) of the Act are made in connection with land lease community homes. The exception doesn’t apply in respect of land if any part of the land is in the Greenbelt Area. A complementary amendment is made to the definition of “parcel of land” in subsection 46 (1).

Section 51 is amended by repealing certain provisions respecting public meetings.

Section 70.12 is added to give the Minister the power to make regulations governing transitional matters.

14. The Act is amended to provide for two different classes of upper-tier municipalities, those which have planning responsibilities and those which do not. Various amendments are made to provide lower-tier municipalities with planning functions where, for municipal purposes, they form part of an upper-tier municipality without planning responsibilities. A new

section 70.13 addresses various transitional matters which may arise where there is a change in the municipality that has planning responsibilities.

SCHEDULE 10

SUPPORTING GROWTH AND HOUSING IN YORK AND DURHAM REGIONS ACT, 2022

The Supporting Growth and Housing in York and Durham Regions Act, 2022 is enacted. Its purpose is to expedite the planning, development and construction of the proposed York Region sewage works project to expedite the improvement, enlargement and extension of the York Durham Sewage System to convey sewage to the Duffin Creek Water Pollution Control Plant. The Act also expedites the development, construction and operation of the Lake Simcoe phosphorus reduction project for the capture, conveyance and treatment of drainage from the Holland Marsh to remove phosphorus before discharge into the West Holland River.

Certain orders and approvals under the Environmental Assessment Act are terminated, and the projects are exempted from the Environmental Bill of Rights, 1993 .

Land required for the projects may be designated as project land, in which case certain work cannot be performed without a permit.

The Minister may require removal of obstructions to the projects.

Adjustments to the expropriation process under the Expropriations Act are set out, as are rules regarding compensation.

A number of the powers given to the Minister may be delegated to the Regional Municipalities of York or Durham, a lower-tier municipality or the Agency. Rules with regard to utility companies affected by the project are established.

Various provisions of an administrative nature are enacted.

Bill 23 2022

An Act to amend various statutes, to revoke various regulations and to enact the Supporting Growth and Housing in York and Durham Regions Act, 2022

CONTENTS

Contents of this Act

Commencement

Short title

Schedule 1

City of Toronto Act, 2006

Schedule 2

Conservation Authorities Act

Schedule 3

Development Charges Act, 1997

Schedule 4

Municipal Act, 2001

Schedule 5

New Home Construction Licensing Act, 2017

Schedule 6

Ontario Heritage Act

Schedule 7

Ontario Land Tribunal Act, 2021

Schedule 8

Ontario Underground Infrastructure Notification System Act, 2012

Schedule 9

Planning Act

Schedule 10

Supporting Growth and Housing in York and Durham Regions Act, 2022

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

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

Commencement

(1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any of its provisions are to come into force on a day to be named by 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 Built Faster Act, 2022 .

SCHEDULE 1

CITY OF TORONTO ACT, 2006

Section 111 of the City of Toronto Act, 2006 is amended by adding the following subsection:

Regulations

(7) The Minister of Municipal Affairs and Housing may make regulations imposing limits and conditions on the powers of the City to prohibit and regulate the demolition and conversion of residential rental properties under this section.

(1) Section 114 of the Act is amended by adding the following subsections:

Same

(1.2) Subject to subsection (1.3), the definition of “development” in subsection (1) does not include the construction, erection or placing of a building or structure for residential purposes on a parcel of land if that parcel of land will contain no more than 10 residential units.

Land lease community home

(1.3) The definition of “development” in subsection (1) includes the construction, erection or placing of a land lease community home, as defined in subsection 46 (1) of the Planning Act , on a parcel of land that will contain any number of residential units.

(2) Subparagraph 2 iv of subsection 114 (5) of the Act is repealed and the following substituted:

iv. matters relating to building construction required under a by-law referred to in

section 108 or 108.1,

(3) Subsection 114 (6) of the Act is amended by adding the following paragraph:

1.1 Exterior design, except to the extent that it is a matter relating to exterior access to a building that will contain affordable housing units or to any part of such a building or is a matter referred to in subparagraph 2 iv of subsection (5).

(4) Section 114 of the Act is amended by adding the following subsections:

Same

. . . . .

Same

(20) In respect of plans and drawings submitted for approval under subsection (5) before the day subsection 2 (2) of

Schedule 1 to the More Homes Built Faster Act, 2022 came into force,

(

a) subparagraph 2 iv of subsection (5) as it read immediately before the day subsection 2 (2) of

Schedule 1 to the More Homes Built Faster Act, 2022 came into force continues to apply;

(

b) paragraph 1.1 of subsection (6) does not apply; and

(c) subsection (6.1) does not apply.

Commencement

3 This

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

SCHEDULE 2

CONSERVATION AUTHORITIES ACT

1 The definition of “Minister” in

section 1 of the Conservation Authorities Act is repealed and the following substituted:

“Minister” means the Minister of Natural Resources and Forestry or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act ; (“ministre”)

2 (1) Clause 21 (1) (

c) of the Act is amended by striking out “subject to subsection (2)” and substituting “subject to subsections (2) and (4)”.

(2) Subsections 21 (2) and (3) of the Act are repealed and the following substituted:

Notice to Minister

(2) Subject to subsection (6), if the Minister has made a grant to an authority under

section 39 in respect of land, the authority shall not sell, lease or otherwise dispose of the land under clause (1) (

c) without providing a written notice of the proposed disposition to the Minister at least 90 days before the disposition.

Same

(3) If an authority is required to consult the public and post a notice of proposed disposition under subsection (4), the notice to the Minister required under subsection (2) shall, at a minimum, describe how the comments received during the public consultation, if any, were considered by the authority prior to the disposition.

Public consultation prior to disposition

(4) Subject to subsection (6), an authority shall conduct a public consultation and post a notice of the consultation on its website if the authority proposes, under clause (1) (c), to sell, lease or otherwise dispose of land in respect of which the Minister has made a grant under

section 39 and the land includes,

(

a) areas of natural and scientific interest, lands within the Niagara Escarpment Planning Area or wetlands as defined in

section 1 of the Conservation Land Act ;

(

b) the habitat of threatened or endangered species;

(

c) lands in respect of which the authority has entered into an agreement with the Minister in relation to forestry development under

section 2 of the Forestry Act ; or

(

d) land that is impacted by a type of natural hazard listed in subsection 1 (1) of Ontario Regulation 686/21 (Mandatory Programs and Services) made under this Act.

Length of public consultation and content of notice

(5) The public consultation under subsection (4) shall last for a minimum of 45 days and the notice of public consultation to be posted on the authority’s website prior to the proposed disposition shall include,

(

a) a description of the type of land referred to in clauses (4) (

a) to (

d) that the authority is proposing to dispose of;

(

b) the proposed date of the disposition; and

(

c) the proposed future use of the lands, if known.

Exceptions

(6) With regard to a disposition of land in respect of which the Minister has made a grant to an authority under

section 39, the authority is not required to provide a notice to the Minister under subsection (2) or consult the public and post a notice under subsection (4) if,

(

a) the disposition is for provincial or municipal infrastructure and utility purposes;

(

b) the province, the provincial agency, board or commission affected by the disposition or the municipal government, agency, board or commission affected by the disposition has approved it; and

(

c) the authority informs the Minister of the disposition.

Minister’s direction on disposition proceeds

(7) If the Minister receives a notice under subsection (2), the Minister may, within 90 days after receiving the notice, direct the authority to apply a specified share of the proceeds of the disposition to support programs and services provided by the authority under

section 21.1.

(1) Subsection 21.1.1 (1) of the Act is amended by adding “Subject to subsection (1.1)” at the beginning.

(2) Section 21.1.1 of the Act is amended by adding the following subsection:

(1.1) An authority shall not provide under subsection (1), within its area of jurisdiction, a municipal program or service related to reviewing and commenting on a proposal, application or other matter made under a prescribed Act.

(1) Subsection 21.1.2 (1) of the Act is amended by adding “Subject to subsection (1.1)” at the beginning.

(2) Section 21.1.2 of the Act is amended by adding the following subsection:

(1.1) An authority shall not provide under subsection (1), within its area of jurisdiction, a program or service related to reviewing and commenting on a proposal, application or other matter made under a prescribed Act.

5 The Act is amended by adding the following section:

Minister’s direction re fee changes

21.3

(1) The Minister may give a written direction to an authority directing it not to change the amount of any fee it charges under subsection 21.2 (10) in respect of a program or service set out in the list referred to in subsection 21.2 (2), for the period specified in the direction.

Compliance

(2) An authority that receives a direction under subsection (1) shall comply with the direction within the time specified in the direction.

(1) Section 24 of the Act is amended by adding the following subsection:

(2) Section 24 of the Act, as re-enacted by

section 23 of

Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 , is amended by adding the following subsection:

7 (1) Subsection 28 (1) of the Act, as re-enacted by

section 25 of

Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 , is amended by striking out “Subject to subsections (2), (3) and (4) and

section 28.1” at the beginning.

(2) Section 28 of the Act, as re-enacted by

section 25 of

Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 , is amended by adding the following subsections:

Same, Planning Act

(4.1) Subject to subsection (4.2), the prohibitions in subsection (1) do not apply to an activity within a municipality prescribed by the regulations if,

(

a) the activity is part of development authorized under the Planning Act ; and

(

b) such conditions and restrictions as may be prescribed for obtaining the exception and on carrying out the activity are satisfied.

Same

(4.2) If a regulation prescribes activities, areas of municipalities or types of authorizations under the Planning Act for the purposes of this subsection, or prescribes any other conditions or restrictions relating to an exception under subsection (4.1), the exception applies only in respect of such activities, areas and authorizations and subject to such conditions and restrictions.

(1) Clause 28.0.1 (1) (

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

(

a) an order has been made by the Minister of Municipal Affairs and Housing under

section 34.1 or 47 of the Planning Act authorizing the development project under that Act;

(2) The definition of “development project” in subsection 28.0.1 (2) of the Act is repealed and the following substituted:

“development project” means development as defined in subsection 28 (25) or any other act or activity that would be prohibited under this Act and the regulations unless permission to carry out the activity is granted by the affected authority.

(3) Clause 28.0.1 (6) (

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

(

a) any effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock;

(4) Subsection 28.0.1 (9) of the Act is repealed and the following substituted:

Request for Minister’s review

(9) The holder of a permission who objects to any conditions attached to the permission by an authority may, within 15 days of the reasons being given under subsection (8), submit a request to the Minister for the Minister to review the conditions, subject to the regulations.

(5) Subsection 28.0.1 (16) of the Act is amended by striking out “conditions that the authority proposes to attach to a permission” and substituting “conditions attached by the authority to a permission” .

(6) Clause 28.0.1 (17) (

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

(

a) effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock;

(7) Subsection 28.0.1 (19) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Appeal

(19) The holder of a permission who objects to any conditions attached to the permission by an authority may, within 90 days of the reasons being given under subsection (8), appeal to the Ontario Land Tribunal to review the conditions if,

. . . . .

(8) Subsection 28.0.1 (20) of the Act is amended by striking out “proposed” and substituting “attached”.

(9) Section 28.0.1 of the Act is amended by adding the following subsection:

Same

(26.1) If a regulation made under this

section provides that a development project may begin prior to entering into an agreement under subsection (24), but an agreement is not entered into by the date identified in the regulation, no person shall carry out the development project until an agreement is entered into.

(10) Clause 28.0.1 (28) (

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

(b) subsection (26) or (26.1).

(11) Subsection 28.0.1 (34) of the Act is repealed and the following substituted:

(34) If the conditions attached to a permission granted under this

section conflict with the terms of an order made under

section 34.1 or 47 of the Planning Act , the terms of the order shall prevail.

(12) Clause 28.0.1 (35) (

b) of the Act is amended by adding the following subclause:

(i.1) limiting the types of conditions that an authority may attach to a permission under this section,

(13) Clause 28.0.1 (35) (

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

(

e) specifying lands or development projects to which this

section does not apply;

(e.1) exempting lands or development projects from subsection (5), (24) or (26), subject to such conditions or restrictions as may be specified;

(1) Clause 28.1 (1) (

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

(

a) the activity is not likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock;

(2) Clauses 28.1 (6) (

a) and (

b) of the Act are repealed and the following substituted:

(

a) the authority shall not refuse the permit unless it is of the opinion that it is necessary to do so to control flooding, erosion, dynamic beaches or unstable soil or bedrock; and

(

b) despite subsection (4), the authority shall not attach conditions to the permit unless the conditions relate to controlling flooding, erosion, dynamic beaches or unstable soil or bedrock.

(3) Subsection 28.1 (22) of the Act is amended by striking out “120” and substituting “90”.

(1) Clause 28.1.2 (1) (

a) of the Act is revoked and the following substituted:

(

a) an order has been made by the Minister of Municipal Affairs and Housing under

section 34.1 or 47 of the Planning Act authorizing the development project under that Act;

(2) The definition of “development project” in subsection 28.1.2 (2) of the Act is repealed and the following substituted:

“development project” means development activity as defined in subsection 28 (5) or any other act or activity that, without a permit issued under this

section or

section 28.1, would be prohibited under

section 28.

(3) Subsection 28.1.2 (5) of the Act is amended by striking out “permission” and substituting “permit”.

(4) Clause 28.1.2 (6) (

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

(

a) any effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock;

(5) Subsection 28.1.2 (9) of the Act is repealed and the following substituted:

Request for Minister’s review

(9) A permit holder who objects to any conditions attached to the permit by an authority may, within 15 days of the reasons being given under subsection (8), submit a request to the Minister for the Minister to review the conditions, subject to the regulations.

(6) Subsection 28.1.2 (11) of the Act is amended by striking out “conditions that the authority proposes to attach to a permit” and substituting “conditions attached by the authority to a permit”.

(7) Clause 28.1.2 (12) (

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

(

a) effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock;

(8) Subsection 28.1.2 (14) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Appeal

(14) A permit holder who objects to any conditions attached to the permit by an authority may, within 90 days of the reasons being given under subsection (8), appeal to the Local Planning Appeal Tribunal to review the conditions if,

. . . . .

(9) Subsection 28.1.2 (15) of the Act is amended by striking out “proposed” and substituting “attached”.

(10) Section 28.1.2 of the Act is amended by adding the following subsection:

Same

(19.1) If a regulation made under subsection 40 (4) provides that a development project may begin prior to entering into an agreement under subsection (17), but an agreement is not entered into by the date identified in the regulation, no person shall carry out the development project until such time the agreement is entered into.

(11) Subsection 28.1.2 (20) of the Act is revoked and the following substituted:

Conflict

(20) If the conditions attached to a permit issued under this

section conflict with the terms of an order made under

section 34.1 or 47 of the Planning Act , the terms of the order shall prevail.

(1) Clause 30.2 (1.1) (

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

(

a) the entry is for the purpose of ensuring compliance with subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1), with a regulation made under

section 28.5 or with the conditions of a permit issued under

section 28.1, 28.1.1 or 28.1.2 or issued under a regulation made under clause 28.5 (1) (c);

(2) Sub clause 30.2 (1.1) (b) (

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

(

i) the damage affects or is likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock, or

(1) Subclause 30.4 (1) (a) (

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

(i) subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1) or a regulation made under

section 28.5, or

(2) Subclause 30.4 (1) (b) (

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

(

i) the damage affects or is likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock, or

(1) Clause 30.5 (1) (

a) of the Act, as re-enacted by

section 21 of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 , is repealed and the following substituted:

(a) subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1);

(2) Clause 30.5 (1) (

b) of the Act, as re-enacted by

section 21 of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 , is amended by striking out “subsection 28 (3) or (4)” substituting “subsection 28 (3), (4) or (4.1)”.

14 (1) Subsection 40 (1) of the Act is amended by adding the following clause:

(

g) governing exceptions under subsection 28 (4.1) from the prohibitions set out in subsection 28 (1), including,

(

i) prescribing municipalities to which the exception applies,

(ii) respecting any conditions or restrictions that must be satisfied to obtain the exception, or in carrying out the activity, including conditions or restrictions applying to the municipality in which the exception applies,

(iii) prescribing activities, areas of municipalities, types of authorizations under the Planning Act and other conditions or restrictions for the purposes of subsection 28 (4.2),

(iv) governing transitional matters resulting from an exception under subsection 28 (4.1);

(2) Clause 40 (3) (

c) of the Act is amended by striking out “clause 21.1.1 (4) (

b) and subsection 21.1.2 (2)” at the end and substituting “clauses 21.1.1 (4) (

b) and 21.1.2 (3) (b)”.

(3) Subsection 40 (3) of the Act is amended by adding the following clause:

(c.1) prescribing Acts for the purposes of subsections 21.1.1 (1.1) and 21.1.2 (1.1);

(4) Clause 40 (4) (

b) of the Act is amended by striking out “may be attached” and substituting “may or may not be attached”.

(5) Clause 40 (4) (

c) of the Act is repealed.

(6) Clause 40 (4) (

e) of the Act is amended by adding the following subclause:

(i.1) limiting the types of conditions that an authority may attach to a permit under

section 28.1.2;

(7) Clause 40 (4) (

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

(

h) specifying lands or development projects to which

section 28.1.2 does not apply;

(h.1) exempting lands or development projects from subsections 28.1.2 (5), (17) and (19), subject to such conditions or restrictions as may be specified;

Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020

15 Subsection 16 (1) of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 is repealed.

Revocation of Regulations

16 Ontario Regulations 97/04, 42/06, 146/06, 147/06, 148/06, 150/06, 151/06, 152/06, 153/06, 155/06, 156/06, 157/06, 158/06, 159/06, 160/06, 161/06, 162/06, 163/06, 164/06, 165/06, 166/06, 167/06, 168/06, 169/06, 170/06, 171/06, 172/06, 174/06, 175/06, 176/06, 177/06, 178/06, 179/06, 180/06, 181/06, 182/06 and 319/09 are revoked.

Commencement

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

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

(2) Sections 2 to 5 and subsections 6 (1) and 14 (3) come into force on the later of January 1, 2023 and the day the More Homes Built Faster Act, 2022 receives Royal Assent.

(3) Subsection 6 (2) comes into force on the later of the day

section 23 of

Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent.

(4) Sections 9 and 16 come into force on the later of the day

section 25 of

Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent.

(5) Section 10 comes into force on the later of the day

section 17 of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent.

(6) Section 11 comes into force on the later of the day subsection 19 (1) of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent.

(7) Section 12 comes into force on the later of the day subsection 20 (1) of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent.

(8) Section 13 comes into force on the later of the day

section 21 of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent.

(9) Subsections 14 (4) to (7) come into force on the later of the day subsection 25 (2) of

Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent.

(10) Section 7 and subsection 14 (1) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 3

DEVELOPMENT CHARGES ACT, 1997

Section 1 of the Development Charges Act, 1997 is amended by adding the following definition:

“rental housing development” means development of a building or structure with four or more residential units all of which are intended for use as rented residential premises; (“aménagement de logements locatifs”)

2 (1) Subsections 2 (3) and (3.1) of the Act are repealed and the following substituted:

Same

(3) An action mentioned in clauses (2) (

a) to (

g) does not satisfy the requirements of subsection (2) if the only effect of the action is to permit the enlargement of an existing residential unit.

Exemption for residential units in existing rental residential buildings

(3.1) The creation of the greater of the following in an existing rental residential building, which contains four or more residential units, is exempt from development charges:

1. One residential unit.

2. 1% of the existing residential units.

Exemption for residential units in existing houses

(3.2) The creation of any of the following is exempt from development charges:

1. A second residential unit in an existing detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the existing detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit.

2. A third residential unit in an existing detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units.

3. One residential unit in a building or structure ancillary to an existing detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the existing detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units.

Exemption for additional residential units in new residential buildings

(3.3) The creation of any of the following is exempt from development charges:

1. A second residential unit in a new detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the new detached house, semi-detached house or rowhouse cumulatively will contain no more than one residential unit.

2. A third residential unit in a new detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the new detached house, semi-detached house or rowhouse contains any residential units.

3. One residential unit in a building or structure ancillary to a new detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the new detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the new detached house, semi-detached house or rowhouse contains any residential units.

(2) Paragraph 17 of subsection 2 (4) of the Act is repealed.

(3) Section 2 of the Act is amended by adding the following subsection:

Deemed amendment of by-law

(4.0.1) If a by-law under this

section imposes development charges to pay for increased capital costs required because of increased needs for housing services, the by-law is deemed to be amended to be consistent with subsection (4) as it reads on the day subsection 2 (2) of

Schedule 3 to the More Homes Built Faster Act, 2022 comes into force.

3 The Act is amended by adding the following section:

Exemption for affordable and attainable residential units

Definitions

4.1

(1) In this section,

“affordable residential unit” means a residential unit that meets the criteria set out in subsection (2) or (3); (“unité d’habitation abordable”)

“attainable residential unit” means a residential unit that meets the criteria set out in subsection (4). (“unité d’habitation à la portée du revenu”)

Affordable residential unit, rented

(2) A residential unit intended for use as a rented residential premises shall be considered to be an affordable residential unit if it meets the following criteria:

1. The rent is no greater than 80 per cent of the average market rent, as determined in accordance with subsection (5).

2. The tenant is dealing at arm’s length with the landlord.

Affordable residential unit, ownership

(3) A residential unit not intended for use as a rented residential premises shall be considered to be an affordable residential unit if it meets the following criteria:

1. The price of the residential unit is no greater than 80 per cent of the average purchase price, as determined in accordance with subsection (6).

2. The residential unit is sold to a person who is dealing at arm’s length with the seller.

Attainable residential unit

(4) A residential unit shall be considered to be an attainable residential unit if it meets the following criteria:

1. The residential unit is not an affordable residential unit.

2. The residential unit is not intended for use as a rented residential premises.

3. The residential unit was developed as part of a prescribed development or class of developments.

4. The residential unit is sold to a person who is dealing at arm’s length with the seller.

5. Such other criteria as may be prescribed.

Average market rent

(5) For the purposes of paragraph 1 of subsection (2), the average market rent applicable to a residential unit is the average market rent for the year in which the residential unit is occupied by a tenant, as identified in the bulletin entitled the “Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin”, as it is amended from time to time, that is published by the Minister of Municipal Affairs and Housing on a website of the Government of Ontario.

Average purchase price

(6) For the purposes of paragraph 1 of subsection (3), the average purchase price applicable to a residential unit is the average purchase price for the year in which the residential unit is sold, as identified in the bulletin entitled the “Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin”, as it is amended from time to time, that is published by the Minister of Municipal Affairs and Housing on a website of the Government of Ontario.

Arm’s length

(7) For the purposes of this section, in the determination of whether two or more persons are dealing at arm’s length,

section 251 of the Income Tax Act (Canada) applies with necessary modifications.

Affordable residential unit, exemption from development charges

(8) The creation of a residential unit that is intended to be an affordable residential unit for a period of 25 years or more from the time that the unit is first rented or sold is exempt from development charges.

Same, agreement

(9) A person who, but for subsection (8), would be required to pay a development charge and the local municipality shall enter into an agreement that requires the residential unit to which subsection (8) applies to be an affordable residential unit for a period of 25 years.

Attainable residential unit, exemption from development charges

(10) The creation of a residential unit that is intended to be an attainable residential unit when the unit is first sold is exempt from development charges.

Same, agreement

(11) A person who, but for subsection (10), would be required to pay a development charge and the local municipality shall enter into an agreement that requires the residential unit to which subsection (10) applies to be an attainable residential unit at the time it is sold.

Standard form agreement

(12) The Minister of Municipal Affairs and Housing may establish standard forms of agreement that shall be used for the purposes of subsection (9) or (11).

Registration of agreement

(13) An agreement entered into under subsection (9) or (11) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions of the agreement against the owner and, subject to the Registry Act and the Land Titles Act , against any and all subsequent owners of the land.

Transition

(14) Subsection (8) does not apply with respect to a development charge that is payable before the day

section 3 of

Schedule 3 to the More Homes Built Faster Act, 2022 comes into force.

Non-application of Legislation Act, 2006

(15) Part III (Regulations) of the Legislation Act, 2006 does not apply to,

(

a) a bulletin referred to in this section; or

(

b) a standard form of agreement established under subsection (12).

4 The Act is amended by adding the following sections:

Exemption for non-profit housing development

Definition

4.2

(1) In this section,

“non-profit housing development” means the development of a building or structure intended for use as a residential premises and developed by,

(

a) a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is in good standing under that Act and whose primary object is to provide housing,

(

b) a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, or

(

c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act .

Exemption

(2) A non-profit housing development is exempt from development charges.

Transition

(3) Subsection (2) does not apply with respect to a development charge that is payable before the day

section 4 of

Schedule 3 to the More Homes Built Faster Act, 2022 comes into force.

Same

(4) For greater certainty, subsection (2) applies to future instalments that would have been payable in accordance with

section 26.1 after the day

section 4 of

Schedule 3 to the More Homes Built Faster Act, 2022 comes into force.

Exemption for inclusionary zoning residential units

Exemption

4.3

(1) The creation of a residential unit described in subsection (2) is exempt from development charges unless a development charge is payable with respect to the residential unit before the day

section 4 of

Schedule 3 to the More Homes Built Faster Act, 2022 comes into force.

Application

(2) Subsection (1) applies in respect of residential units that are affordable housing units required to be included in a development or redevelopment pursuant to a by-law passed under

section 34 of the Planning Act to give effect to the policies described in subsection 16 (4) of that Act.

(1) Paragraph 4 of subsection 5 (1) of the Act is amended by striking out “10-year period” and substituting “15-year period”.

(2) Section 5 of the Act is amended by adding the following subsection:

Transition, par. 4 of subs. (1)

(1.1) For greater certainty, paragraph 4 of subsection (1), as it read immediately before the day subsection 5 (1) of

Schedule 3 to the More Homes Built Faster Act, 2022 came into force, continues to apply in respect of a development charge by-law in force on that day.

(3) Paragraph 1 of subsection 5 (3) of the Act is amended by adding “except in relation to such services as are prescribed for the purposes of this paragraph” at the end.

(4) Paragraphs 5 and 6 of subsection 5 (3) of the Act are repealed.

(5) Section 5 of the Act is amended by adding the following subsection:

Transition

(3.1) For greater certainty, subsection (3), as it read immediately before the day subsection 5 (4) of

Schedule 3 to the More Homes Built Faster Act, 2022 came into force, continues to apply in respect of a development charge by-law in force on that day.

(6) Subsection 5 (6) of the Act is amended by adding the following paragraph:

4. In the case of a development charge by-law passed on or after the day subsection 5 (6) of

Schedule 3 to the More Homes Built Faster Act, 2022 comes into force, the rules must provide that,

i. any development charge imposed during the first year that the by-law is in force is no more than 80 per cent of the maximum development charge that could otherwise be charged in accordance with this section,

ii. any development charge imposed during the second year that the by-law is in force is no more than 85 per cent of the maximum development charge that could otherwise be charged in accordance with this section,

iii. any development charge imposed during the third year that the by-law is in force is no more than 90 per cent of the maximum development charge that could otherwise be charged in accordance with this section, and

iv. any development charge imposed during the fourth year that the by-law is in force is no more than 95 per cent of the maximum development charge that could otherwise be charged in accordance with this section.

(7) Section 5 of the Act is amended by adding the following subsections:

Special rule

(7) Subsection (8) applies to a development charge imposed by a development charge by-law passed on or after January 1, 2022 and before the day subsection 5 (7) of

Schedule 3 to the More Homes Built Faster Act, 2022 comes into force, unless the development charge was payable before the day subsection 5 (7) of

Schedule 3 to the More Homes Built Faster Act, 2022 comes into force.

Same

(8) The amount of a development charge described in subsection (7) shall be reduced in accordance with the following rules:

1. A development charge imposed during the first year that the by-law is in force shall be reduced to 80 per cent of the development charge that would otherwise be imposed by the by-law.

2. A development charge imposed during the second year that the by-law is in force shall be reduced to 85 per cent of the development charge that would otherwise be imposed by the by-law.

3. A development charge imposed during the third year that the by-law is in force shall be reduced to 90 per cent of the development charge that would otherwise be imposed by the by-law.

4. A development charge imposed during the fourth year that the by-law is in force shall be reduced to 95 per cent of the development charge that would otherwise be imposed by the by-law.

Same,

interpretation

(9) For the purposes of subsections (7) and (8), a development charge is deemed to be imposed on the day referred to in subsection 26.2 (1) that applies to the development charge.

6 (1) Subsection 9 (1) of the Act is amended by striking out “five years” and substituting “10 years”.

(2) Section 9 of the Act is amended by adding the following subsection:

Transition

(1.1) For greater certainty, subsection (1), as it reads on and after the day subsection 6 (1) of

Schedule 3 to the More Homes Built Faster Act, 2022 came into force, does not apply with respect to a development charge by-law that, before that day, had expired pursuant to subsection (1) as it read before that day.

(1) Paragraphs 1 to 3 of subsection 26.1 (2) of the Act are repealed and the following substituted:

1. Rental housing development.

2. Institutional development.

(2) Subsection 26.1 (3) of the Act is repealed and the following substituted:

Annual instalments

(3) A development charge referred to in subsection (1) shall be paid in equal annual instalments beginning on the earlier of the date of the issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building and the date the building is first occupied, and continuing on the following five anniversaries of that date.

(3) Subsection 26.1 (7) of the Act is amended by striking out “not exceeding the prescribed maximum interest rate” at the end and substituting “not exceeding the maximum interest rate determined in accordance with

section 26.3”.

(1) Subsection 26.2 (1) of the Act is amended by striking out “The total amount” at the beginning and substituting “Subject to subsection (1.1), the total amount”.

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

Discount, rental housing development

(1.1) In the case of rental housing development, the amount determined under subsection (1) shall be reduced in accordance with the following rules:

1. A development charge for a residential unit intended for use as a rented residential premises with three or more bedrooms shall be reduced by 25 per cent.

2. A development charge for a residential unit intended for use as a rented residential premises with two bedrooms shall be reduced by 20 per cent.

3. A development charge for a residential unit intended for use as a rented residential premises not referred to in paragraph 1 or 2 shall be reduced by 15 per cent.

Same, transition

(1.2) Subject to subsection (1.3), subsection (1.1) does not apply in respect of a development charge for a development in respect of which a building permit was issued before the day subsection 8 (2) of

Schedule 3 to the More Homes Built Faster Act, 2022 came into force.

Same, exception

(1.3) Despite subsection (7), paragraphs 1 to 3 of subsection (1.1) apply to any part of a development charge payable under an agreement under

section 27 that is in respect of a prescribed development and that was entered into before the day that subsection 8 (2) of

Schedule 3 to the More Homes Built Faster Act, 2022 came into force, other than a part of the development charge that is payable under the agreement before the day the development was prescribed for the purposes of this subsection.

(3) Subsection 26.2 (3) of the Act is amended by striking out “at a rate not exceeding the prescribed maximum interest rate” and substituting “at a rate not exceeding the maximum interest rate determined in accordance with

section 26.3”.

9 The Act is amended by adding the following section:

Maximum interest rate

26.3

(1) In this section,

“adjustment date” means January 1, April 1, July 1 or October 1; (“date de rajustement”)

“average prime rate”, on a particular date, means the mean, rounded to the nearest hundredth of a percentage point, of the annual rates of interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada. (“taux préférentiel moyen”)

Same

(2) For the purposes of subsections 26.1 (7) and 26.2 (3), the maximum interest rate that a municipality may charge shall be determined in accordance with the following rules:

1. A base rate of interest shall be determined for April 1, 2022 and for each adjustment date after April 1, 2022 and shall be equal to the average prime rate on,

i. October 15 of the previous year, if the adjustment date is January 1,

ii. January 15 of the same year, if the adjustment date is April 1,

iii. April 15 of the same year, if the adjustment date is July 1, and

iv. July 15 of the same year, if the adjustment date is October 1.

2. The base rate of interest in effect on a particular date shall be,

i. the base rate for the particular date, if the particular date is an adjustment date, and

ii. the base rate for the last adjustment date before the particular date, otherwise.

3. The maximum rate of interest that may be charged, in respect of a particular day after June 1, 2022, shall be an annual interest rate that is one percentage point higher than the base rate of interest in effect for that day.

Transition

(3) Subsection (2) does not apply in respect of a development charge that was payable before the day

section 9 of

Schedule 3 to the More Homes Built Faster Act, 2022 comes into force.

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

Requirement to spend or allocate monies in reserve fund

(2) Beginning in 2023 and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in a reserve fund for the following services at the beginning of the year:

1. Water supply services, including distribution and treatment services.

2. Waste water services, including sewers and treatment services.

3. Services related to a highway as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006 , as the case may be.

Same

(3) If a service is prescribed for the purposes of this subsection, beginning in the first calendar year that commences after the service is prescribed and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in a reserve fund for the prescribed service at the beginning of the year.

11 (1) Subsection 44 (4) of the Act is amended by striking out “Subsection 2 (3.1) and

section 4” at the beginning and substituting “Subsections 2 (3.3), 4.2 (2) and 4.3 (1) and

section 4”.

(2) Subsection 44 (4) of the Act, as amended by subsection (1), is amended by adding “4.1 (8) and (10)” after “Subsections 2 (3.3)” at the beginning.

12 (1) Clauses 60 (1) (

b) and (b.1) of the Act are repealed.

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

(d.2) prescribing developments and classes of developments for the purposes of paragraph 3 of subsection 4.1 (4);

(d.3) prescribing criteria for the purposes of paragraph 5 of subsection 4.1 (4);

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

(

l) prescribing services for the purposes of paragraph 1 of subsection 5 (3);

(4) Clause 60 (1) (s.2) of the Act is repealed.

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

(s.2.1) prescribing developments for the purposes of subsection 26.2 (1.3);

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

(s.4) prescribing one or more services for the purposes of subsection 35 (3);

(7) Section 60 of the Act is amended by adding the following subsections:

Adoption by reference

(1.1) A regulation under clause (1) (d.3) may adopt by reference, in whole or in part and with such changes as are considered necessary, any document and may require compliance with the document.

Rolling incorporation by reference

(1.2) The power to adopt by reference and require compliance with a document in subsection (1.1) includes the power to adopt a document as it may be amended from time to time.

Revocation

13 Subsections 11.1 (1) and (3) of Ontario Regulation 82/98 are revoked.

Commencement

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

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

(2) Section 3, subsection 11 (2) and subsections 12 (2) and (7) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 4

MUNICIPAL ACT, 2001

Section 99.1 of the Municipal Act, 2001 is amended by adding the following subsection:

Regulations

(7) The Minister may make regulations imposing limits and conditions on the powers of a local municipality to prohibit and regulate the demolition and conversion of residential rental properties under this section.

Commencement

2 This

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

SCHEDULE 5

NEW HOME CONSTRUCTION LICENSING ACT, 2017

1 (1) Subsection 10 (1) of the New Home Construction Licensing Act, 2017 is amended by striking out “regulation” and substituting “order”.

(2) Subsection 10 (3) of the Act is amended by striking out “a regulation” and substituting “an order”.

2 (1) Subsection 11 (1) of the Act is amended by striking out “regulation” wherever it appears and substituting in each case “order”.

(2) Subsection 11 (2) of the Act is amended by striking out “a regulation” and substituting “an order”.

3 Subsection 14 (3) of the Act is amended by striking out “after this

section comes into force” wherever it appears and substituting in each case “after February 1, 2021”.

4 Paragraph 6 of

section 56.1 of the Act is repealed and the following substituted:

6. Take further action as is appropriate in accordance with this Act, including, for greater certainty, make an order under

section 76 imposing an administrative penalty or refer the matter, in whole or in part, to another assessor to consider whether such an order should be made.

5 Subsection 71 (4) of the Act is repealed and the following substituted:

Penalties

(4) A person or entity that is convicted of an offence under this Act is liable to,

(

a) in the case of an individual,

(

i) on the first conviction, a fine of not more than $50,000 or imprisonment for a term of not more than two years less a day, or both, and

(ii) on each subsequent conviction, a fine of not more than $100,000 or imprisonment for a term of not more than two years less a day, or both; or

(

b) in the case of a person or entity that is not an individual,

(

i) on the first conviction, a fine of not more than $250,000, and

(ii) on each subsequent conviction, a fine of not more than $500,000.

Same, determining subsequent conviction

(4.0.1) For the purpose of subsection (4), a conviction of a person or entity for an offence mentioned in subsection (1), (2) or (3) is a subsequent conviction if the person or entity has a previous conviction for an offence mentioned in any of those subsections.

Section 76 of the Act is repealed.

7 The Act is amended by adding the following section:

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.

Clarification re code of ethics

(2) For greater certainty, provisions of the code of ethics established under clause 84 (1) (

f) may be prescribed for the purpose of subsection (1).

To whom payable

(3) An administrative penalty is payable to the regulatory authority.

Purpose

(4) An administrative penalty may be imposed under this

section for one or more of the following purposes:

1. To ensure compliance with the Acts, regulations and by-laws referred to in subsection (1) and the conditions of a licence.

2. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening the Acts, regulations or by-laws referred to in subsection (1) or the conditions of a licence.

Amount

(5) Subject to subsection (6), 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 $50,000.

Same, monetary benefit

(6) The total amount of the administrative penalty referred to in subsection (5) 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.

Form of order

(7) An order made under subsection (1) imposing an administrative penalty against a person shall be in the form that the registrar determines.

Service of order

(8) The order shall be served on the person against whom the administrative penalty is imposed in the manner that the registrar determines.

Absolute liability

(9) An order made under subsection (1) imposing an administrative penalty against a person applies even if,

(

a) the person took all reasonable steps to prevent the contravention on which the order is based; or

(

b) at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent.

No effect on offences

(10) For greater certainty, nothing in subsection (9) affects the prosecution of an offence.

Other measures

(11) Subject to

section 78, an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a person provided by the Acts, regulations or by-laws referred to in subsection (1), including the application of conditions to a licence by the registrar, the suspension, immediate suspension or revocation of a licence or the refusal to renew a licence.

Limitation

(12) An order may not be made under subsection (1) more than two years after the day any assessor became aware of the contravention on which the order is based.

No hearing required

(13) Subject to the regulations made by the Minister, an assessor is not required to hold a hearing or to afford a person an opportunity for a hearing before making an order under subsection (1) against the person.

Non-application of other Act

(14) The Statutory Powers Procedure Act does not apply to an order of an assessor made under subsection (1).

Transition — pre-commencement transition period

(15) A regulation made under subclause 84 (1) (h) (0.

i) and filed with the Registrar of Regulations in accordance with

Part III (Regulations) of the Legislation Act, 2006 on or before the last day of the pre-commencement transition period may prescribe a provision for the purpose of subsection (1) for all or part of the pre-commencement transition period and, for greater certainty, an assessor may impose an administrative penalty under subsection (1) for a contravention that occurred during that period.

Same

(16) In subsection (15),

“pre-commencement transition period” means the period starting on April 14, 2022 and ending on the day before

section 7 of

Schedule 5 to the More Homes Built Faster Act, 2022 comes into force.

Section 78 of the Act is amended by striking out “this Act” and substituting “an Act referred to in subsection 76 (1)”.

9 (1) Clause 84 (1) (

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

(

f) establishing a code of ethics for licensees;

(2) Clause 84 (1) (

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

(

i) specifying the purposes for which the regulatory authority may use the funds that it collects as fines and administrative penalties;

(i.1) requiring the regulatory authority to establish, maintain and comply with a policy, in accordance with any requirements in the regulations, to govern payments the regulatory authority makes, if any, from the funds the regulatory authority collects as fines and administrative penalties, to persons who have been adversely affected by contraventions in respect of which fines or administrative penalties can be imposed;

(3) Section 84 of the Act is amended by adding the following subsection:

Regulations may require Minister’s approval

(7) A regulation made under clause (1) (i.1) may provide for any aspect of the policy required under that regulation to be subject to the approval of the Minister.

Related repeal

Section 5 of

Schedule 3 to the More Homes for Everyone Act, 2022 is repealed.

Commencement

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

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

(2) Sections 4, 5, 7 and 8 come into force on the later of the day

section 75 of

Schedule 1 ( New Home Construction Licensing Act, 2017 ) to the Strengthening Protection for Ontario Consumers Act, 2017 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent.

SCHEDULE 6

ONTARIO HERITAGE ACT

1 Subsection 1 (2) of the Ontario Heritage Act is repealed.

(1) Section 25.2 of the Act is amended by adding the following subsection:

Minister’s review of determination

(3.1) If the process for the identification of properties referred to in clause (3) (

a) permits a ministry or prescribed public body to determine whether a property has cultural heritage value or interest, the process may permit the Minister to review the determination, or any part of the determination, whether made before, on or after the day subsection 2 (1) of

Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, and may permit the Minister to confirm or revise the determination or part of it.

(2) Subsection 25.2 (6) of the Act is amended by adding “Subject to an order made under subsection (7)” at the beginning.

(3) Subsection 25.2 (7) of the Act is repealed and the following substituted:

Exemption re compliance

(7) The Lieutenant Governor in Council may, by order, provide that the Crown in right of Ontario or a ministry or prescribed public body is not required to comply with some or all of the heritage standards and guidelines approved under this

section in respect of a particular property, if the Lieutenant Governor in Council is of the opinion that such exemption could potentially advance one or more of the following provincial priorities:

1. Transit.

2. Housing.

3. Health and Long-Term Care.

4. Other infrastructure.

5. Such other priorities as may be prescribed.

Not a regulation

(8) The heritage standards and guidelines approved under this

section and orders made under subsection (7) are not regulations within the meaning of

Part III (Regulations) of the Legislation Act, 2006 .

(1) Section 27 of the Act is amended by adding the following subsection:

(1.1) The clerk of the municipality shall ensure that the information included in the register is accessible to the public on the municipality’s website.

(2) Subsection 27 (3) of the Act is repealed and the following substituted:

Non-designated property

(3) Subject to subsection (18), in addition to the property listed in the register under subsection (2), the register may include property that has not been designated under this

Part if,

(

a) the council of the municipality believes the property to be of cultural heritage value or interest; and

(

b) where criteria for determining whether property is of cultural heritage value or interest have been prescribed for the purposes of this subsection, the property meets the prescribed criteria.

Same

(3.1) If property is included in the register under subsection (3), the register shall contain, with respect to such property, a description of the property that is sufficient to readily ascertain the property.

(3) Subsection 27 (7) of the Act is amended by adding “or a predecessor of that subsection” after “subsection (3)”.

(4) Subsection 27 (13) of the Act is repealed and the following substituted:

Application of subss. (7) and (8)

(13) In addition to applying to properties included in the register under subsection (3) on and after July 1, 2021, subsections (7) and (8) apply in respect of properties that were included in the register as of June 30, 2021 under the predecessor of subsection (3).

Removal of non-designated property

(14) In the case of a property included in the register under subsection (3), or a predecessor of that subsection, before, on or after the day subsection 3 (4) of

Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the council of the municipality shall remove the property from the register if the council of the municipality has given a notice of intention to designate the property under subsection 29 (1) and any of the following circumstances exist:

1. The council of the municipality withdraws the notice of intention under subsection 29 (7).

2. The council of the municipality does not withdraw the notice of intention, but does not pass a by-law designating the property under subsection 29 (1) within the time set out in paragraph 1 of subsection 29 (8).

3. The council of the municipality passes a by-law designating the property under subsection 29 (1) within the time set out in paragraph 1 of subsection 29 (8), but the by-law is repealed in accordance with subclause 29 (15) (b) (

i) or (iii).

Same

(15) In the case of a property included in the register under subsection (3) on or after the day subsection 3 (4) of

Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the council of a municipality shall remove the property from the register if the council of the municipality does not give a notice of intention to designate the property under subsection 29 (1) on or before the second anniversary of the day the property was included in the register.

Same

(16) In the case of a property included in the register under a predecessor of subsection (3), as of the day before subsection 3 (4) of

Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the council of a municipality shall remove the property from the register if the council of the municipality does not give a notice of intention to designate the property under subsection 29 (1) on or before the second anniversary of the day subsection 3 (4) of

Schedule 6 to the More Homes Built Faster Act, 2022 comes into force.

Consultation not required

(17) Despite subsection (4), the council of the municipality is not required to consult with its municipal heritage committee, if one has been established, before removing a property from the register under subsection (14), (15) or (16).

Prohibition re including property in register, subss. (14) to (16)

(18) If subsection (14), (15) or (16) requires the removal of a property from the register, the council of the municipality may not include the property again in the register under subsection (3) for a period of five years after the following date:

1. In the case of subsection (14), the day any of the circumstances described in paragraphs 1, 2 and 3 of that subsection exist.

2. In the case of subsection (15), the second anniversary of the day the property was included in the register.

3. In the case of subsection (16), the second anniversary of the day subsection 3 (4) of

Schedule 6 to the More Homes Built Faster Act, 2022 comes into force.

(1) The French version of clause 29 (1) (

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

(

a) dans le cas où des critères permettant d’établir si un bien a une valeur ou un caractère sur le plan du patrimoine culturel ont été prescrits, le bien répond aux critères prescrits;

(2) Subsection 29 (1.2) of the Act is repealed and the following substituted:

Limitation

(1.2) The following rules apply if a prescribed event has occurred in respect of a property in a municipality:

1. If the prescribed event occurs on or after the day subsection 4 (2) of

Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the council of the municipality may give a notice of intention to designate the property under subsection (1) only if the property is listed in the register under subsection 27 (3), or a predecessor of that subsection, as of the date of the prescribed event.

2. The council may not give a notice of intention to designate such property under subsection (1) after 90 days have elapsed from the event, subject to such exceptions as may be prescribed.

5 (1) Subsection 41 (1) of the Act is repealed and the following substituted:

Designation of heritage conservation district

(1) The council of the municipality may, by by-law, designate the municipality or any defined area or areas of it as a heritage conservation district if,

(

a) there is in effect in the municipality an official plan that contains provisions relating to the establishment of heritage conservation districts; and

(

b) where criteria for determining whether a municipality or an area of a municipality is of cultural heritage value or interest have been prescribed, the municipality or any defined area or areas of the municipality meets the prescribed criteria.

(2) Section 41 of the Act is amended by adding the following subsections:

Amendment of by-law

(10.2) If the council of a municipality wishes to amend a by-law made under this section, the council of a municipality shall do so in accordance with such process as may be prescribed, which may require the municipality to adopt a heritage conservation district plan for the relevant district.

Repeal of by-law

(10.3) If the council of a municipality wishes to repeal a by-law made under this section, the council of a municipality shall do so in accordance with such process as may be prescribed.

(1) Section 41.1 of the Act is amended by adding the following subsection:

Same

(5.1) Where criteria have been prescribed for the purposes of clause 41 (1) (b), the statement referred to in clause (5) (

b) of this

section must explain how the heritage conservation district meets the prescribed criteria.

(2) Section 41.1 of the Act is amended by adding the following subsections:

Amendment of by-law

(13) If the council of a municipality wishes to amend a by-law passed under subsection (2), the council of a municipality shall do so in accordance with such process as may be prescribed.

Repeal of by-law

(14) If the council of a municipality repeals a by-law passed under subsection (2), the council of a municipality shall do so in accordance with such process as may be prescribed.

(1) Paragraph 4 of subsection 42 (1) of the Act is amended by striking out “whether or not the demolition or removal would affect a heritage attribute described in the heritage conservation district plan that was adopted for the heritage conservation district in a by-law registered under subsection 41 (10.1)” at the end.

(2) Subsection 42 (3) of the Act is amended by striking out “under subsection (2)” and substituting “under subsection (2.2)”.

8 Subsection 70 (1) of the Act is amended by adding the following clauses:

(i.1) prescribing criteria for the purposes of clause 27 (3) (b);

. . . . .

(k.1) prescribing criteria for the purposes of clause 41 (1) (b);

Section 71 of the Act is amended by striking out “and” at the end of clause (

a) and by adding the following clauses:

(

c) facilitate the implementation of amendments to this Act made by

Schedule 6 to the More Homes Built Faster Act, 2022 ;

(

d) deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of this Act by

Schedule 6 to the More Homes Built Faster Act, 2022 .

Commencement

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

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

(2) Subsection 7 (1) comes into force on the day subsection 19 (1) of

Schedule 11 to the More Homes, More Choice Act, 2019 comes into force.

(3) Sections 2 and 3, subsection 4 (2) and sections 5, 6, 8 and 9 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 7

ONTARIO LAND TRIBUNAL ACT, 2021

1 Subsection 13 (4) of the Ontario Land Tribunal Act, 2021 is amended by striking out “a ground for setting aside a decision of the Tribunal on an application for judicial review or an appeal” at the end and substituting “a ground for an order or decision of the Tribunal to be set aside on an application for judicial review or rescinded on an appeal”.

2 (1) Subsection 19 (1) of the Act is amended by adding the following clause:

(b.1) if the Tribunal is of the opinion that the party who brought the proceeding has contributed to undue delay of the proceeding;

(2) Section 19 of the Act is amended by adding the following subsection:

Same

(1.1) Subject to subsection (4), the Tribunal may, on the motion of any party or on its own initiative, dismiss a proceeding if the Tribunal is of the opinion that a party has failed to comply with an order of the Tribunal in the proceeding.

(3) Subsection 19 (4) of the Act is amended by adding “or (1.1)” after “subsection (1)”.

Section 20 of the Act is amended by adding the following subsection:

Same

(2) Subsection (1) includes the power to order an unsuccessful party to pay a successful party’s costs.

4 (1) Subsection 29 (1) of the Act is amended by adding the following clause:

(

c) requiring the Tribunal to prioritize the resolution of specified classes of proceedings.

(2) Clause 29 (2) (

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

(

a) governing the practices and procedures of the Tribunal, subject to the regulations made under clause (1) (

c) and other than in relation to a consolidated hearing under

section 21, which may include prescribing timelines that shall apply with respect to specified steps taken by the Tribunal in specified classes of proceedings , and governing any related transitional matters;

(3) Section 29 of the Act is amended by adding the following subsections:

Timelines applicable to Tribunal

(2.1) The failure of the Tribunal to comply with any timeline prescribed under clause (2) (

a) with respect to a specified step in a proceeding does not invalidate the proceeding, and is not a ground for an order or decision of the Tribunal to be set aside on an application for judicial review or rescinded on an appeal.

Same, reporting

(2.2) The Tribunal shall, on the Minister’s request and in the time and manner specified by the Minister, report to the Minister on such matters as may be specified by the Minister respecting the Tribunal’s compliance with any timelines prescribed under clause (2) (a).

(4) Subsection 29 (3) of the Act is amended by striking out “or clause (2) (a)” and substituting “or clause (1) (

c) or (2) (a)”.

Commencement

5 This

Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 8

ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012

Section 2 of the Ontario Underground Infrastructure Notification System Act, 2012 is amended by adding the following subsection:

Chair

(4.4) The Minister may appoint a chair of the board of directors from among the members of the board.

2 The Act is amended by adding the following sections:

Minister’s authority to appoint administrator

2.3

(1) Subject to

section 2.5, the Minister may, by order, appoint an individual as an administrator of the Corporation for the purposes of assuming control of it and responsibility for its activities.

Notice of appointment

(2) The Minister shall give the Corporation’s board of directors the notice that the Minister considers reasonable in the circumstances before appointing the administrator.

Immediate appointment

(3) Subsection (2) does not apply if there are not enough members on the board of directors to form a quorum.

Term of appointment

(4) The appointment of the administrator is valid until the Minister makes an order terminating it.

Powers and duties of administrator

(5) Unless the order appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the Corporation.

Same

(6) In the order appointing the administrator, the Minister may specify the administrator’s powers and duties and the conditions governing them.

Right of access

(7) The administrator has the same rights as the board of directors in respect of the Corporation’s documents, records and information.

Report to Minister

(8) The administrator shall report to the Minister as the Minister requires.

Minister’s directions

(9) The Minister may issue directions to the administrator with regard to any matter within the administrator’s jurisdiction, and the administrator shall carry them out.

No personal liability

(10) No action or other proceeding shall be instituted against the administrator or a former administrator for,

(

a) any act done in good faith in the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations made under this Act, a Minister’s order or the appointment under subsection (1); or

(

b) any neglect or default in the exercise or performance in good faith of a duty or power described in clause (a).

Crown liability

(11) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019 , subsection (10) of this

section does not relieve the Crown of liability to which it would otherwise be subject.

Liability of Corporation

(12) Subsection (10) does not relieve the Corporation of liability to which it would otherwise be subject.

Status of board during administrator’s tenure

2.4

(1) On the appointment of an administrator under

section 2.3, the members of the board of directors of the Corporation cease to hold office, unless the order provides otherwise.

Same

(2) During the term of the administrator’s appointment, the powers of any member of the board of directors who continues to hold office are suspended, unless the order provides otherwise.

No personal liability

(3) No action or other proceeding shall be instituted against a member or former member of the board of directors of the Corporation for any act, neglect or default done by the administrator or the Corporation after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2).

Crown liability

(4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019 , subsection (3) of this

section does not relieve the Crown of liability to which it would otherwise be subject.

Liability of Corporation

(5) Subsection (3) does not relieve the Corporation of liability to which it would otherwise be subject.

Conditions precedent

2.5 The Minister may exercise the power under subsection 2.3 (1) or any other prescribed provision only if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied:

1. The exercise of the power is necessary to prevent serious harm to underground infrastructure, public safety or to the interests of the public.

2. An event of force majeure has occurred.

3. The Corporation is facing a risk of insolvency.

4. The number of members of the board of directors of the Corporation is insufficient for a quorum.

Conflict

2.6 The following rules apply respecting conflicts that may arise in applying this Act:

1. This Act and its regulations prevail over the memorandum of understanding and the Corporation’s by-laws and resolutions.

2. A Minister’s order made under this Act prevails over the memorandum of understanding and the Corporation’s by-laws and resolutions.

Section 20 of the Act is amended by adding the following clauses:

(0.

a) defining words and expressions used in this Act that are not otherwise defined in this Act;

(0.

b) prescribing provisions for the purpose of

section 2.5;

Commencement

4 This

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

SCHEDULE 9

PLANNING ACT

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

definitions:

“parcel of urban residential land” means a parcel of land that is within an area of settlement on which residential use, other than ancillary residential use, is permitted by by-law and that is served by,

(

a) sewage works within the meaning of the Ontario Water Resources Act that are owned by,

(

i) a municipality,

(ii) a municipal service board established under the Municipal Act, 2001 ,

(iii) a city board established under the City of Toronto Act, 2006 ,

(iv) a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with

section 203 of that Act, or

(

v) a corporation established under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act, and

(

b) a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002 ; (“parcelle de terrain urbain d’habitation”)

“specified person” means,

(

a) a corporation operating an electric utility in the local municipality or planning area to which the relevant planning matter would apply,

(

b) Ontario Power Generation Inc.,

(

c) Hydro One Inc.,

(

d) a company operating a natural gas utility in the local municipality or planning area to which the relevant planning matter would apply,

(

e) a company operating an oil or natural gas pipeline in the local municipality or planning area to which the relevant planning matter would apply,

(

f) a person required to prepare a risk and safety management plan in respect of an operation under Ontario Regulation 211/01 (Propane Storage and Handling) made under the Technical Standards and Safety Act, 2000 , if any part of the distance established as the hazard distance applicable to the operation and referenced in the risk and safety management plan is within the area to which the relevant planning matter would apply,

(

g) a company operating a railway line any part of which is located within 300 metres of any part of the area to which the relevant planning matter would apply, or

(

h) a company operating as a telecommunication infrastructure provider in the area to which the relevant planning matter would apply; (“personne précisée”)

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

definitions:

“ upper-tier municipality without planning responsibilities” means any of the following upper-tier municipalities:

1. The County of Simcoe.

2. The Regional Municipality of Durham.

3. The Regional Municipality of Halton.

4. The Regional Municipality of Niagara.

5. The Regional Municipality of Peel.

6. The Regional Municipality of Waterloo.

7. The Regional Municipality of York.

8. Any other upper-tier municipality that is prescribed under subsection (6); (“municipalité de palier supérieur sans responsabilités en matière d’aménagement”)

“ upper-tier municipality with planning responsibilities ” means an upper-tier municipality that is not an upper-tier municipality without planning responsibilities; (“municipalité de palier supérieur avec responsabilités en matière d’aménagement”)

(3) Subsection 1 (2) of the Act is amended by striking out “17 (24), (36), (40) and (44.1), 22 (7.4), 34 (19) and (24.1), 38 (4)” and substituting “17 (24), (36) and (44.1), 22 (7.4), 34 (19) and (24.1), 38 (4.1)”.

(4) Section 1 of the Act is amended by adding the following subsections:

Limitation

(4.1) A reference to a person or public body in the following provisions does not include a conservation authority under the Conservation Authorities Act except where an appeal made under or referred to in one of those provisions relates to natural hazard policies in any policy statements issued under

section 3 of the Act, except for those policies that relate to hazardous forest types for wildland fire:

1. Paragraph 1.1 of subsection 17 (24).

2. Paragraph 1.1 of subsection 17 (36).

3. Paragraph 1 of subsection 17 (44.1).

4. Subsection 22 (7.4).

5. Paragraph 2.1 of subsection 34 (19).

6. Paragraph 1 of subsection 34 (24.1).

7. Subsection 38 (4.1).

8. Subsection 45 (12).

9. Paragraphs 2 and 5 of subsection 51 (39).

10. Paragraphs 2 and 5 of subsection 51 (43).

11. Paragraphs 2 and 5 of subsection 51 (48).

12. Paragraphs 1 and 5 of subsection 51 (52.1).

13. Subsections 53 (19) and (27).

Transition

(4.2) Despite subsection (4.1), a conservation authority that was a party to an appeal under a provision listed in subsection (4.1) on the day before the day subsection 1 (4) of

Schedule 9 to the More Homes Built Faster Act, 2022 came into force may continue as a party to the appeal after that date until the final disposition of the appeal.

(5) Section 1 of the Act is amended by adding the following subsections:

Limitation

(4.3) A reference to a person or public body in the following provisions does not include an upper-tier municipality without planning responsibilities:

1. Paragraphs 1.1 and 4 of subsection 17 (24).

2. Paragraphs 1.1 and 3 of subsection 17 (36).

3. Paragraph 1 of subsection 17 (44.1).

4. Subsection 22 (7.4).

5. Paragraph 2.1 of subsection 34 (19).

6. Paragraph 1 of subsection 34 (24.1).

7. Subsection 38 (4.1).

8. Subsection 45 (12).

9. Paragraphs 2 and 5 of subsection 51 (39).

10. Paragraphs 2 and 5 of subsection 51 (43).

11. Paragraphs 2 and 5 of subsection 51 (48).

12. Paragraphs 1 and 5 of subsection 51 (52.1).

13. Subsections 53 (19) and (27).

Transition

(4.4) Despite subsection (4.3), an upper-tier municipality without planning responsibilities listed in paragraphs 1 to 7 of the definition of “upper-tier municipality without planning responsibilities” in subsection (1) that was a party to an appeal under a provision listed in subsection (4.3) on the day before the day subsection 1 (2) of

Schedule 9 to the More Homes Built Faster Act, 2022 came into force or an upper-tier municipality without planning responsibilities prescribed under subsection (6) that was a party to an appeal under a provision listed in subsection (4.3) on the day before the day the regulation prescribing the upper-tier municipality without planning responsibilities as such comes into force may continue as a party to the appeal after that date until the final disposition of the appeal, unless the appeal is deemed to be dismissed by application of subsection 45 (12.2) or 53 (19.2) or (27.0.2).

(6) Section 1 of the Act is amended by adding the following subsection:

Regulations, upper-tier municipality without planning responsibilities

(6) The Lieutenant Governor in Council may, by regulation, prescribe additional upper-tier municipalities for the purposes of the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1).

2 (1) Subsection 8 (1) of the Act is amended by striking out “upper-tier municipality” and substituting “upper-tier municipality with planning responsibilities”.

(2) Subsection 8 (2) of the Act is amended by striking out “The council of a lower-tier municipality” at the beginning and substituting “The council of a lower-tier municipality, the council of an upper-tier municipality without planning responsibilities”.

Section 15 of the Act is repealed and the following substituted:

Upper-tier municipalities, planning functions

(1) The council of an upper-tier municipality with planning responsibilities, on such conditions as may be agreed upon with the council of a lower-tier municipality, may assume any authority, responsibility, duty or function of a planning nature that the lower-tier municipality has under this or any other Act.

Same

(2) The council of an upper-tier municipality, on such conditions as may be agreed upon with the council of a lower-tier municipality, may provide advice and assistance to the lower-tier municipality in respect of planning matters generally.

4 (1) Subsection 16 (3) of the Act is repealed and the following substituted:

Restrictions for residential units

(3) No official plan may contain any policy that has the effect of prohibiting the use of,

(

a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit;

(

b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or

(

c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units.

Same, parking

(3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3).

Same, minimum unit size

(3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3).

Policies of no effect

(3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2).

(2) Subsection 16 (15) of the Act is amended by adding “or a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities” after “single-tier municipality” in the portion before clause (a).

(3) Subsection 16 (16) of the Act is amended by striking out “upper-tier municipality” in the portion before clause (

a) and substituting “upper-tier municipality with planning responsibilities”.

(4) Section 16 of the Act is amended by adding the following subsections:

Updating zoning by-laws

(20) No later than one year after the official plan policies described in paragraph 1 or 2 of subsection (21) come into effect, the council of the local municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the policies.

Same

(21) The official plan policies referred to in subsection (20) are as follows:

1. Policies listed in subsection 17 (36.1.4).

2. Policies set out in the official plan of a local municipality that,

i. delineate an area surrounding and including an existing or planned higher order transit station or stop, and identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area, and

ii. are required to be included in an official plan to conform with a provincial plan or be consistent with a policy statement issued under subsection 3 (1).

5 (1) Subsection 17 (2) of the Act is amended by striking out “An upper-tier municipality” at the beginning and substituting “An upper-tier municipality with planning responsibilities”.

(2) Subsection 17 (4) of the Act is amended by striking out “an upper-tier municipality” and substituting “an upper-tier municipality with planning responsibilities”.

(3) Subsections 17 (6) and (12) of the Act are amended by striking out “accompanied by a written explanation for it” wherever it appears.

(4) Subsection 17 (13) of the Act is repealed and the following substituted:

Mandatory adoption

(13) A plan shall be prepared and adopted and, unless exempt from approval, submitted for approval by the council of,

(

a) an upper-tier municipality with planning responsibilities;

(

b) a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities; and

(

c) any other local municipality that is prescribed for the purposes of this section.

(5) Subsection 17 (14) of the Act is amended by striking out “municipality not prescribed under subsection (13)” and substituting “local municipality not described in clause 13 (

b) or otherwise prescribed for the purposes of subsection (13)”.

(6) Subsection 17 (24.1) of the Act is repealed and the following substituted:

No appeal re additional residential unit policies

(24.1) Despite subsection (24), there is no appeal in respect of policies adopted to authorize the use of,

(

a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit;

(

b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or

(

c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units.

(7) Subsection 17 (36.1) of the Act is repealed and the following substituted:

No appeal re additional residential unit policies

(36.1) Despite subsection (36), there is no appeal in respect of policies adopted to authorize the use of,

(

a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit;

(

b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or

(

c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units.

6 (1) Subsections 22 (2.1) to (2.1.2) of the Act are repealed.

(2) Subsection 22 (2.2) of the Act is amended by striking out “subsection (2.1), (2.1.1) or (2.1.3)” and substituting “subsection (2.1.3)”.

(3) Clause 22 (7.2) (

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

(

c) amend or revoke policies adopted to authorize the use of,

(

i) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit,

(ii) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units, or

(iii) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or

Section 23 of the Act is repealed and the following substituted:

Matter of provincial interest affected by official plan

(1) The Minister may, by order, amend an official plan if the Minister is of the opinion that the plan is likely to adversely affect a matter of provincial interest.

Effect or order

(2) The Minister’s order has the same effect as an amendment to the plan adopted by the council and approved by the appropriate approval authority.

Non-application of Legislation Act, 2006 ,

Part III

(3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1).

(1) Subsections 34 (10.0.0.1) and (10.0.0.2) of the Act are repealed.

(2) Subsection 34 (19.1) of the Act is repealed and the following substituted:

No appeal re additional residential unit by-laws

(19.1) Despite subsection (19), there is no appeal in respect of the parts of a by-law that are passed to permit the use of,

(

a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit;

(

b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or

(

c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units.

(3) Subsection 34 (19.5) of the Act is amended by striking out “subsections (19.6) to (19.8)” in the portion before clause (

a) and substituting “subsections (19.6) to (19.9)”.

(4) Subsection 34 (19.6) of the Act is amended by striking out “lower-tier municipality only if the municipality’s official plan” and substituting “lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities only if the lower-tier municipality’s official plan”.

(5) Section 34 of the Act is amended by adding the following subsection:

Exception re non-compliance with s. 16 (20)

(19.9) Subsection (19.5) does not apply to a zoning by-law that is passed more than one year after the later of the following comes into effect:

1. Official plan policies described in subsection 16 (15) or subclauses 16 (16) (b) (

i) and (ii) for the protected major transit station area.

2. An amendment to the policies referred to in paragraph 1 of this subsection.

9 Subsections 35.1 (1) and (2) of the Act is repealed and the following substituted:

Restrictions for residential units

(1) The authority to pass a by-law under

section 34 does not include the authority to pass a by-law that prohibits the use of,

(

a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit;

(

b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or

(

c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units.

Same, parking

(1.1) The authority to pass a by-law under

section 34 does not include the authority to pass a by-law requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (1) of this section.

Same, minimum area

(1.2) The authority to pass a by-law under

section 34 does not include the authority to pass a by-law that regulates the minimum floor area of a residential unit referred to in subsection (1) of this section.

Provisions of no effect

(1.3) A provision of a by-law passed under

section 34 or an order made under subsection 34.1 (9) or clause 47 (1) (

a) is of no effect to the extent that it contravenes a restriction described in subsection (1), (1.1) or (1.2) of this section.

Regulations

(2) The Minister may make regulations establishing requirements and standards with respect to,

(

a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit;

(

b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or

(

c) a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units.

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

Agreement re facilities, services or matters

(7.1) If the municipality intends to allow an owner of land to provide facilities, services or matters in accordance with subsection (6), the municipality may require the owner to enter into an agreement with the municipality that addresses the provision of the facilities, services or matters.

Registration of agreement

(7.2) An agreement entered into under subsection (7.1) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act , against any and all subsequent owners of the land.

(2) Subsection 37 (32) of the Act is amended by adding “Subject to subsection (32.1),” at the beginning.

(3) Subsection 37 (32) of the Act is repealed and the following substituted:

Maximum amount of community benefits charge

(32) The amount of a community benefits charge payable in any particular case shall not exceed an amount equal to the prescribed percentage of the value of the land, as of the valuation date, multiplied by the ratio of “A” to “B” where,

“A” is the floor area of any part of a building or structure, which

part is proposed to be erected or located as part of the development or redevelopment, and

“B” is the floor area of all buildings and structures th