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Bill 108, More Homes, More Choice Act, 2019

Clark, Hon. Steve Minister of Municipal Affairs and Housing

Royal Assent received. Statutes of Ontario 2019,

chapter 9

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Bill 108 Royal Assent (PDF)

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 108 and does not form part of the law.

Bill 108 has been enacted as

Chapter 9 of the Statutes of Ontario, 2019.

SCHEDULE 1

cannabis control Act, 2017

The

Schedule makes several amendments to

section 18 of the Cannabis Control Act, 2017 , which authorizes the interim closure by a police officer of premises connected with specified alleged contraventions of the Act:

1. Subsection 18 (7), which provides that

section 18 does not apply to premises used for residential purposes, is repealed.

2. Subsection 18 (3) provides that a police officer must bar entry to premises closed under the section, for as long as the closure lasts. Subsection 18 (3.1) is added to prohibit persons from entering or attempting to enter closed premises during the closure. An exception to the bar on entry is added in subsection 18 (3.2) for police officers and other emergency responders, in exigent circumstances.

Similar amendments are made to

section 25 of the Act, which authorizes court-ordered closure of premises in specified circumstances following conviction.

In addition,

section 21.1 is added to the Act, providing for a general prohibition on obstructing police officers and other persons enforcing the Act. Finally, subsection 23 (2) of the Act, which sets out penalties for individuals in relation to contraventions of sections 6 (unlawful sale, distribution) and 13 (landlords) of the Act, is amended to add minimum penalty amounts.

SCHEDULE 2

Conservation Authorities Act

The

Schedule amends the Conservation Authorities Act .

The

Schedule imposes the duty on every member of an authority to act honestly and in good faith with a view to furthering the objects of the authority. The Act is also amended to list specific programs and services that are required to be provided by an authority if they are prescribed by the regulations, which may include programs and services related to the risk of flooding and other natural hazards.

Authorities continue to be authorized to provide other programs and services, including programs and services that it determines to be advisable to further its objects. If financing by a participating municipality under

section 25 or 27 of the Act is necessary in order for the authority to provide such programs and services, the authority and the participating municipality must enter into an agreement in order for the authority to provide the program or service. On and after a day prescribed by the regulations, the authority is prohibited from including capital costs and operating expenses in respect of such programs and services in its apportionment of payments to the participating municipality if no such agreement has been entered into. Authorities are required to prepare and implement a transition plan in order to ensure they are in compliance with this requirement when it takes effect.

An authority is authorized to determine the amounts owed by specified municipalities in connection with the programs and services the authority provides in respect of the Clean Water Act, 2006 and Lake Simcoe Protection Act, 2008 .

Other amendments include authorizing the Minister to appoint one or more investigators to conduct an investigation of an authority’s operations.

SCHEDULE 3

Development Charges Act, 1997

The

Schedule amends the Development Charges Act, 1997 .

Subsection 2 (4) of the Act is amended to set out the only services in respect of which a development charge by-law may impose development charges. The services are those set out in current subsection 5 (5), which is repealed, and ambulance services and waste diversion services.

A new

section 26.1 is added to the Act setting out rules for when a development charge is payable in respect of five types of development: rental housing, institutional, industrial, commercial and non-profit housing. Unless certain exceptions apply, the charge is payable in annual instalments (21 instalments in the case of non-profit housing development, and six instalments in the case of the other types). The instalments begin 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.

Section 52 is amended to set out equivalent rules in respect of these five types of development in the context of non-parties to a front-ending agreement.

A new

section 26.2 is added to the Act setting out rules for when the amount of a development charge is determined. The amount is determined based on the date of an application under

section 41 of the Planning Act or

section 114 of the City of Toronto Act, 2006 (site plan control area) or, if there is no such application, on the date of an application under

section 34 of the Planning Act (zoning by-laws). If neither such application has been made, the amount continues to be determined in accordance with

section 26 of the Act. If a specified period of time has elapsed since the approval of the relevant application, the amount continues to be determined in accordance with

section 26 of the Act.

Transitional provisions are set out.

SCHEDULE 4

Education ACT

The

Schedule amends

section 195 of the Education Act to require a school board to give notice to the Minister if it plans to acquire or expropriate land and to allow the Minister to reject the board’s plans.

The

Schedule also makes various amendments with respect to education development charges.

Section 257.53.1 is added to the Act to provide for alternative projects that, if requested by a board and approved by the Minister, would allow the allocation of revenue from education development charge by-laws for projects that would address the needs of the board for pupil accommodation and would reduce the cost of acquiring land.

Section 257.53.2 is added to the Act to provide for localized education development agreements that, if entered into between a board and an owner of land, would allow the owner to provide a lease, real property or other prescribed benefit to be used by the board to provide pupil accommodation in exchange for the board agreeing not to impose education development charges against the land.

Related amendments are also made.

SCHEDULE 5

Endangered Species Act, 2007

The

Schedule makes several amendments to the Endangered Species Act, 2007 . The following is a

summary of the more significant amendments:

1. Subsection 7 (4) of the Act currently provides that a regulation must be made under

section 7 listing species on the Species at Risk in Ontario List within three months of the Minister receiving a report from COSSARO classifying the species. The

Schedule amends the subsection to extend the time frame for making the regulation to 12 months after receiving the COSSARO report.

2. Subsections 8 (3) and (4) of the Act are amended to provide that, once the Minister requests that COSSARO reconsider the classification of a species set out in a report to the Minister, the requirement to make a regulation under

section 7 within 12 months of receiving that report no longer applies. The 12-month period will only begin to run once COSSARO submits a second report to the Minister.

3. Under new

section 8.1, the Minister may, by regulation, make an order when a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time. The order would temporarily suspend all or some of the prohibitions in subsections 9 (1) and 10 (1) of the Act with respect to the species for a period of up to three years.

4. New

section 8.2 provides that, for a period of one year after a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, some of the prohibitions under subsection 9 (1) or 10 (1) will not apply to persons who were issued permits or otherwise authorized under the Act to engage in activities before the species was so listed. This one-year delay applies in addition to any order made under

section 8.1 that temporarily suspends the relevant prohibitions for a period of up to three years.

5. Subsection 9 (1) of the Act currently sets out prohibitions that apply to species once they are listed on the Species at Risk in Ontario List as endangered or threatened species. The

Schedule enacts subsections 9 (1.2) to (1.4) which give the Minister the power to make regulations limiting the application of the prohibitions with respect to a species. The limitations may limit the prohibitions in various ways, including by indicating that some of the prohibitions do not apply, by limiting the geographic areas in which they apply or by providing that the prohibitions only apply to the species at a certain stage of their development.

6. New

section 16.1 allows the Minister to enter into landscape agreements with persons. A landscape agreement authorizes a person to engage in activities that would otherwise be prohibited under

section 9 or 10 with respect to one or more species that are listed on the Species at Risk in Ontario List as endangered or threatened species. The person so authorized is required under the agreement to execute specified beneficial actions that will assist in the protection or recovery of one or more species. The agreement applies only to a geographic area specified in the agreement. The species impacted by the authorized activities are not necessarily the same as the species that benefit from the beneficial actions. The agreement may only be entered into if specified criteria is met.

Section 18 of the Act deals with activities that are regulated under other Ontario legislation or under federal legislation and what happens if those regulated activities are prohibited under

section 9 or 10 with respect to a species listed on the Species at Risk in Ontario List as an endangered or threatened species.

Section 18 is re-enacted to provide that the person authorized to engage in the regulated activity may carry out the activity, despite

section 9 or 10, provided certain conditions are met. The conditions require that the regulated activity itself be prescribed by regulations under subsection 18 (3) for the purposes of the section, that the species affected by the regulated activity be similarly prescribed and that other conditions set out in those regulations be met.

8. New sections 20.1 to 20.18 provide for the establishment of the Species at Risk Conservation Fund and of an agency to manage and administer the Fund. The purpose of the Fund is to provide funding for activities that are reasonably likely to protect or recover species at risk. The primary source of money for the Fund are species conservation charges that certain persons may be required to pay into the Fund under the Act. Those persons are required to pay the charge as a condition of a permit or other authorization issued or entered into under the Act that authorizes the person to engage in activities. Were it not for the permit or authorization, those activities would be prohibited under

section 9 or 10 of the Act with respect to species that are designated by the regulations.

9. New

section 27.1 gives the Minister the power to order a person not to engage in an activity or to stop engaging in an activity that may have a significant adverse effect on a species listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species. The order may also require the person to take steps to address the adverse effect of the activity.

10. The regulation-making powers in sections 55 and 56 are re-enacted and are divided so that some regulations are made by the Lieutenant-Governor in Council and others by the Minister.

Section 57 would prevent certain regulations from being made unless the Minister is satisfied that the regulation is not likely to jeopardize the survival in Ontario of a species listed on the Species at Risk in Ontario List as an endangered or threatened species or to have any other significant adverse effect on such a species.

SCHEDULE 6

EnvironmentaL Assessment Act

This

Schedule sets out amendments to the Environmental Assessment Act .

The

Schedule amends

section 11.4 of the Act and also amends

section 12.4 to provide that

section 11.4 applies in respect of environmental assessments that were prepared under the predecessor of

Part II of the Act.

Section 5 of the

Schedule adds several new sections to the Act in respect of class environmental assessments.

The new

section 15.3 provides that a class environmental assessment may exempt specified categories of undertakings within the class from the Act. It would also exempt certain undertakings that are currently subject to approved class environmental assessments.

The new

section 15.4 provides a new process governing amendments to approved class environmental assessments. This includes enabling the Minister of the Environment, Conservation and Parks to exempt other undertakings from the Act by amending class environmental assessments and providing rules governing those amendments, including requirements for public consultation.

Section 6 of the

Schedule adds several new subsections to

section 16 of the Act. These amendments would specify when the Minister could issue orders under

section 16. An order under

section 16 could, among other matters, require a proponent of an undertaking subject to a class environmental assessment process to carry out further study. The amendments would limit the Minister’s ability to issue such orders to only prevent, mitigate or remedy adverse impacts on constitutionally protected aboriginal or treaty rights or any other matters as may be prescribed. The amendments would also provide that the Minister must make an order within any deadlines as may be prescribed and should the Minister fail to do so, that written reasons be provided.

The amendments impose limitations on persons making requests for orders under

section 16 by requiring that the person be a resident of Ontario and make the request within a prescribed deadline.

The amendments to

section 16 would also require the Director to refuse any requests for an order under

section 16 that do not comply with the applicable criteria.

The

Schedule also contains amendments that update the name of the Minister and Ministry, make complementary amendments governing the preparation of new class environmental assessments, set out transitional provisions related to the new

section 15.4 and amendments to

section 16, and provide complementary amendments to the Minister’s delegation powers and the authority of the Lieutenant Governor in Council to make regulations.

Schedule 7

Environmental Protection Act

The

Schedule re-enacts

Part V.1 of the Environmental Protection Act. A provincial officer may seize the number plates for a vehicle, including number plates issued by an authority outside Ontario, if he or she reasonably believes that the vehicle was used or is being used in connection with the commission of an offence and the seizure is necessary to prevent the continuation or repetition of the offence. The provincial officer is required to provide notice of the seizure to the driver, the owner of the vehicle and the Registrar of Motor Vehicles under the Highway Traffic Act.

The notice must specify a prohibition period, not exceeding 30 days. During the prohibition period, the Registrar is prohibited from taking various steps, including the issuing of number plates to the holder of the permit for the vehicle.

In addition, if a person is convicted of an offence, the court may make orders in respect of the permit and number plates for any vehicle that the court is satisfied was used in connection with the commission of the offence. The clerk of the court is required to notify the Registrar and the Registrar is required to take appropriate steps to give full effect to the order.

The

Schedule also re-enacts

section 182.3 of the Act to broaden the scope of administrative penalties and to provide that they may be prescribed by the regulations.

Related amendments are also made.

Schedule 8

Labour Relations Act, 1995

The

Schedule amends the Labour Relations Act, 1995 . The special rules relating to the Carpenters’ District Council of Ontario in

section 150.7 of the Act are repealed. The provisions of

section 153 that allow exclusions under that

section to be limited to specified geographic areas are also repealed. Related transitional and consequential amendments are made throughout the Act.

Schedule 9

Local Planning Appeal Tribunal Act, 2017

The

Schedule makes various amendments to the Local Planning Appeal Tribunal Act, 2017 . Most of the amendments are to

Part VI of the Act, in relation to the practices and procedures of the Tribunal, including the following:

1. Sections 32 and 33 are amended in relation to requirements for participation in alternative dispute resolution processes.

2. Subsection 33 (2.1) is added to empower the Tribunal to limit any examination or cross-examination of a witness in specified circumstances.

Section 33.2 is added to limit submissions by non-parties to a proceeding before the Tribunal to written submissions only. Subsection 33 (2) is amended to confirm that such non-parties may still be examined or required to produce evidence by the Tribunal.

Section 36, which sets out a process by which the Tribunal may state a case in writing for the opinion of the Divisional Court on a question of law, is repealed. Consequential amendments are made to the Municipal Act, 2001 and to the Ontario Water Resources Act .

5. Sections 38 to 42, respecting appeals to the Tribunal under the Planning Act , are repealed.

Section 33.1 is added, which requires a case management conference in certain such appeals.

Amendments to other Parts of the Act include the re-enactment of subsection 14 (2), to remove the requirement for the Tribunal to obtain the Attorney General’s approval in setting and charging fees, and to provide that the Tribunal may set and charge different fees in respect of different classes of persons or proceedings.

SCHEDULE 10

Occupational Health and Safety ACT

Currently, the Occupational Health and Safety Act includes provisions respecting the certification of joint health and safety committee members. Various amendments are made respecting the Chief Prevention Officer’s power to, among other things, revoke or amend a certification or amend the requirements for obtaining a certification.

SCHEDULE 11

Ontario Heritage ACT

The

Schedule amends the Ontario Heritage Act as follows.

The Act is amended to require a council of a municipality, when exercising a decision-making authority under a prescribed provision of

Part IV or V of the Act, to consider the prescribed principles, if any.

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. Amendments are made to the

section to require a municipal council to notify an owner of a property if the property has not been designated, but the council has included it in the register because it believes the property to be of cultural heritage value or interest. The owner is entitled to object by serving a notice of objection on the clerk of the municipality and the council of the municipality must make a decision as to whether the property should continue to be included in the register or whether it should be removed. Other technical amendments are made to the section.

Currently,

section 29 of the Act governs the process by which a municipal council may, by by-law, designate a property to be of cultural heritage value or interest. The process set out in the

section is amended to require a municipal council, after a person objects to the notice of intention to designate the property, to consider the objection and to make a decision whether or not to withdraw the notice of intention within 90 days after the period for serving a notice of objection on the council ends. If no notice of objection is served or the council decides not to withdraw the notice of intention, the council may pass a by-law designating the property, but must do so within 120 days after the notice of intention was published. If a by-law is not passed within that period, the notice of intention is deemed to be withdrawn. A person who objects to a by-law passed under the

section may appeal to the Local Planning Appeal Tribunal. Similar amendments are made to

section 30.1 in connection with proposed amending by-laws and to

section 31 in connection with proposed repealing by-laws. However, those amendments do not include the restriction that the amending by-law or repealing by-law, as the case may be, must be passed within the 120-day period.

Section 29 of the Act is also amended to provide 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.

Section 32 of the Act currently governs the process by which an owner of a property may apply to a municipal council to repeal a by-law designating the property. The

section is amended to provide that the municipal council must give notice of the application and that any person may object to the application. The council must, within 90 days after the period for serving a notice of objection on the council ends, make a decision to refuse the application or consent to it and pass a repealing by-law. If the council refuses the application, the owner of the property may appeal the council’s decision to the Tribunal or if the council consents to the application, any person may appeal the decision to the Tribunal.

Currently,

section 33 of the Act restricts the alteration of a property designated under

section 29. Amendments are made to provide that an application under the

section must be accompanied by the prescribed information and materials and any other information or materials the municipal council considers it may need. Re-enacted subsection 33 (4) provides that the council must, upon receiving all of the required information and material, notify the applicant that the application is complete. The council is also permitted, under re-enacted subsection 33 (5), to notify the applicant of the information and material that has been provided, if any, or that has not been provided.

The council must make a decision on the application within 90 days after notifying the applicant that the application is complete. However, if the applicant is not given a notice under subsection (4) or (5) within 60 days after the application commenced, the council’s decision on the application must be made within 90 days after the end of that 60-day period. Similar amendments are made to

section 34.

In addition,

section 33 of the Act is amended to enable the owner of a property to appeal the council’s decision to the Tribunal.

Currently, sections 34 and 34.5 of the Act restrict the demolition or removal of a building or structure on properties designated under

Part IV. Those sections are amended to also restrict the demolition or removal of any of a designated property’s heritage attributes. Similarly,

section 42 currently restricts the demolition or removal of buildings or structures on properties located in heritage conservation districts designated under

Part V. That

section is amended to also restrict any demolition or removal of an attribute of a property if the demolition or removal would affect a heritage attribute described in the plan for the district in which the property is situated. Consequential amendments are made to sections 34.3, 41 and

Section 1 is amended to provide that, for the purposes of certain specified provisions of the Act, the definition of “alter” does not include to demolish or remove and “alteration” does not include demolition or removal.

Technical amendments are made to

section 34.1 of the Act, which governs appeals to the Tribunal in relation to decisions made under

section

Section 70 of the Act is amended to provide regulation-making powers in connection with the amendments described above. Also, a new

section 71 is added to give the Lieutenant Governor in Council the power to make regulations governing transitional matters.

Other technical and housekeeping amendments are made to the Act.

SCHEDULE 12

Planning ACT

The

Schedule amends the Planning Act . The amendments include the following:

Additional residential unit policies

Currently, subsection 16 (3) of the Act requires official plans to contain policies authorizing second residential units by authorizing two residential units in a house with no residential unit in an ancillary building or structure and by authorizing a residential unit in a building or structure ancillary to a house containing a single residential unit. The subsection is re-enacted to require policies authorizing additional residential units by authorizing two residential units in a house and by authorizing a residential unit in a building or structure ancillary to a house.

Inclusionary zoning policies

Currently, under subsection 16 (5), official plans of municipalities that are not prescribed for the purposes of subsection 16 (4) may contain inclusionary zoning policies in respect of all or part of a municipality. Under subsection 16 (5), as re-enacted, official plans of those municipalities may contain those policies in respect of an area that is a protected major transit station area or an area in respect of which a development permit system is adopted or established in response to an order made by the Minister of Municipal Affairs and Housing under

section 70.2.2, as re-enacted.

Reduction of decision timelines

Timelines for making decisions related to official plans are changed from 210 to 120 days (see amendments to sections 17, 22 and 34), those related to zoning by-laws are changed from 150 to 90 days (see amendments to sections 34 and 36) and the timeline for making decisions related to plans of subdivision is changed from 180 to 120 days (see amendment to subsection 51 (34)).

2017 amendments to the Act

Certain amendments made to the Act by the Building Better Communities and Conserving Watersheds Act, 2017 are repealed. These repeals include the repeal of provisions relating to appeals that were added by that Act to sections 17, 22 and 34.

These provisions include subsections 17 (24.0.1) and (36.0.1) which restrict the grounds of appeal under subsection 17 (24) (decision to adopt an official plan) and subsection 17 (36) (decision to approve an official plan) to inconsistency with a policy statement, non-conformity with or conflict with a provincial plan or, in the case of the official plan of a lower-tier municipality, non-conformity with the upper-tier municipality’s official plan. Also repealed are subsections 17 (49.1) to (49.12) which set out rules applicable to those appeals. The

Schedule adds subsections 17 (25.1) and (37.1) and 34 (19.0.1) to require an appellant who intends to appeal on those grounds, to explain in the notice of appeal how the decision is inconsistent with, fails to conform with or conflicts with the other document.

Third party appeals for non-decisions on official plans

Currently, under subsection 17 (40), any person or public body may appeal to the Local Planning Appeal Tribunal with respect to all or part of an official plan in respect of which no notice of a decision was given within the specified timeline. In addition to changing the timeline to 120 days, subsection 17 (40), as re-enacted, gives appeal rights to the following persons or public bodies: the municipality that adopted the plan, the Minister and, in the case of a plan amendment adopted in response to a request under

section 22, the person or public body that requested the amendment.

Community benefits charge by-law

Currently, under subsection 37 (1), a local municipality may, in a zoning by-law, authorize increases in the height and density of development otherwise permitted by the by-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law.

Section 37, as re-enacted, replaces the current

section 37 and also replaces the power to impose a development charge under the Development Charges Act, 1997 in respect of services described in subsection 9.1 (4) of that Act. (See amendments to that Act set out in

Schedule 3).

Under

section 37, as re-enacted, a municipality may by by-law impose community benefits charges against land to pay for capital costs of facilities, services and matters required because of development or redevelopment in the area to which the by-law applies. Here are some highlights:

A community benefits charge may be imposed in respect of development or redevelopment that meets specified requirements set out in subsections 37 (3) and (4). Subsection 37 (5) provides that a community benefits charge may not be imposed with respect to facilities, services or matters that are prescribed or that are associated with any of the services set out in subsection 2 (4) of the Development Charges Act, 1997 .

Under subsection 37 (12), the amount of the charge cannot exceed an amount equal to the prescribed percentage of the value of the land as of the day before the day the building permit is issued in respect of the development or redevelopment. A dispute resolution process is provided in cases where the landowner is of the view that the charge exceeds the maximum allowable charge.

Under subsection 37 (25), all money received under a community benefits charge by-law must be paid into a special account. Under subsection 37 (27), a municipality must spend or allocate 60 per cent of the monies in the special account each year.

Subsections 37 (29) to (31) are transitional provisions relating to the following: a special account established under repealed subsection 37 (5); a reserve fund established in accordance with the Development Charges Act, 1997 in respect of services described in subsection 9.1 (4) of that Act; and any credit under

section 38 of that Act that relates to any of those services.

New

section 37.1 sets out transitional provisions relating to the repeal of current

section 37.

Parkland by-laws under

section 42

A local municipality may, under subsection 42 (1), pass a by-law applicable to the whole or any defined area of the municipality to require as a condition of development or redevelopment of land, that land in an amount not exceeding a specified amount be conveyed to the municipality for park or other public recreational purposes. Subsection 42 (2) is added to provide that, subject to a specified exception, a by-law under subsection 42 (1) is of no force and effect if a community benefits charge by-law under

section 37, as re-enacted, passed by the municipality is in force.

Subsection 42 (3) currently provides that, as an alternative to requiring the conveyance provided under subsection 42 (1), the by-law may, in the case of land proposed for development or redevelopment for residential purposes, require that land be conveyed to the municipality for park or other public recreational purposes at a rate not exceeding the specified rate. Subsection 42 (3) and related subsections are repealed.

Currently, under subsection 42 (17), the treasurer of the municipality must give each year to council a financial statement relating to a special account the municipality is required to maintain under subsection 42 (15). Subsection 42 (17) and related subsections 42 (18) to (20) are repealed. Subsection 42 (17), as re-enacted, imposes reporting requirements on municipalities that pass a by-law under

section 42.

Third party appeals of plans of subdivision

Currently, under subsection 51 (39), a person or public body has a right to appeal the decision of an approval authority to approve a plan of subdivision (including the lapsing provision and conditions) if the person or public body has, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. Amendments to subsection 51 (39) add the requirement that the person also be a person listed in new subsection 51 (48.3). Similar amendments are made to appeal rights under subsections 51 (43) and (48).

Parkland condition to approval of plan of subdivision under

section 51.1

Currently, under subsection 51.1 (1), the approval authority may impose as a condition to the approval of a plan of subdivision that land in an amount not exceeding a specified amount be conveyed to the local municipality for park or other public recreational purposes. Subsection 51.1 (6) is added to provide that the development or redevelopment of land within a plan of subdivision is not subject to a community benefits charge by-law under

section 37, as re-enacted, if the approval of the plan of subdivision is the subject of a condition that is imposed under subsection 51.1 (1) on or after the day

section 37, as re-enacted, comes into force. New subsection 51.1 (7) sets out transitional provisions.

Currently, under subsection 51.1 (2), if specified requirements are met, a local municipality may require, as an alternative to the conveyance described in subsection 51.1 (1), that land be conveyed to the municipality for park or other public recreational purposes at a rate not exceeding the specified rate. Subsection 51.1 (2) and related subsections are repealed.

Mandatory development permit system

Currently, under

section 70.2.2, the Minister and an upper-tier municipality may require a local municipality to adopt or establish a development permit system for one or more purposes as the Lieutenant Governor in Council may specify by regulation. The local municipality has discretion to determine what parts of its geographic area are to be governed by the development permit system. Under

section 70.2.2, as re-enacted, the Minister may require a local municipality to adopt or establish a development permit system that applies to a specified area or to an area surrounding and including a specified location. If the order specifies a location (instead of an area), the local municipality is required to establish the system in respect of that location and has discretion to determine the boundaries of the area surrounding the specified location that is to be governed by the system.

Regulation-making powers

Several amendments are made to the regulation-making powers set out in sections 70.1 and 70.2.

Section 70.10 is added to give the Minister the power to make regulations governing transitional matters.

SCHEDULE 13

Workplace Safety and Insurance Act, 1997

The

Schedule adds a

section to the Act to provide that the Board may establish premium rates for partners and executive officers who perform no construction work that are different from premium rates established for the employers of the partners and executive officers and may adjust those rates.

Bill 108 2019

An Act to amend various statutes with respect to

housing, other development and various other matters

CONTENTS

Preamble

Contents of this Act

Commencement

Short title

Schedule 1

Cannabis Control Act, 2017

Schedule 2

Conservation Authorities Act

Schedule 3

Development Charges Act, 1997

Schedule 4

Education Act

Schedule 5

Endangered Species Act, 2007

Schedule 6

Environmental Assessment Act

Schedule 7

Environmental Protection Act

Schedule 8

Labour Relations Act, 1995

Schedule 9

Local Planning Appeal Tribunal Act, 2017

Schedule 10

Occupational Health and Safety Act

Schedule 11

Ontario Heritage Act

Schedule 12

Planning Act

Schedule 13

Workplace Safety and Insurance Act, 1997

Preamble

The Government of Ontario believes that increasing the supply of housing will help every person in Ontario by making housing more affordable. Many will be able to realize their dream of homeownership, while renters will see lower costs and a mix of housing types to choose from.

The government’s vision is that all people and their families find a home that meets their needs and budget. The best way to achieve this is to increase housing supply by:

Fundamentally reshaping how development is approved around transit stations;

Lowering and providing certainty about municipal costs imposed on construction, which are passed on to homebuyers;

Replacing “let’s make a deal” planning with a predictable system that benefits both current residents and homebuyers;

Allowing school boards and development partners to find innovative ways to finance new schools;

Expediting the land use planning appeals process and moving towards cost-recovery while ensuring community groups and residents have affordable access to appeals;

Reducing red tape for construction workers and job creators;

Prioritizing labour relations stability in the construction sector;

Giving municipal government greater authority over conservation authorities to make them more accountable;

Modernizing environmental assessments and protections to reduce duplication;

Improving environmental service standards;

Stopping illegal dumping and holding polluters to account;

Protecting species at risk while clarifying rules and paths to compliance to not unnecessarily burden development;

Protecting the environment and cultural heritage;

Supporting a vibrant agricultural sector and protecting employment lands; and

Protecting the Greenbelt.

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

Contents of this Act

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

Commencement

(1) Subject to subsections (2) and (3), 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, More Choice Act, 2019 .

SCHEDULE 1

Cannabis Control Act, 2017

(1) Section 18 of the Cannabis Control Act, 2017 is amended by adding the following subsections:

No entry

(3.1) Until the final disposition of the charge, no person shall enter or attempt to enter a premises that is closed under subsection (1) or (2), subject to an order under subsection (4).

Exception

(3.2) Subsections (3) and (3.1) do not apply with respect to the entry, in exigent circumstances, of police officers or other emergency responders.

(2) Section 18 of the Act is amended by adding the following subsection:

Restriction on costs award

(4.1) Costs may not be awarded on an application under subsection (4), except against the applicant.

(3) Subsection 18 (7) of the Act is repealed.

2 The Act is amended by adding the following section:

Obstruction

21.1 No person shall hinder, obstruct or interfere with, or attempt to hinder, obstruct or interfere with, a police officer or person designated for the purposes of

section 21 who is acting under this Act.

3 (1) Clause 23 (2) (

a) of the Act is amended by striking out “a fine of not more than” and substituting “a fine of at least $10,000 and not more than”.

(2) Clause 23 (2) (

b) of the Act is amended by striking out “a fine of not more than” and substituting “a fine of at least $5,000 and not more than”.

4 Paragraph 4 of

section 24 of the Act is amended by striking out “subject to subsection 25 (11)” at the end.

(1) Section 25 of the Act is amended by adding the following subsections:

No entry

(2.1) No person shall enter or attempt to enter a premises that is closed under subsection (1) until the closing order is suspended or discharged under this section.

Exception

(2.2) Subsections (2) and (2.1) do not apply with respect to the entry, in exigent circumstances, of police officers or other emergency responders.

(2) Subsection 25 (11) of the Act is repealed.

Commencement

6 This

Schedule comes into force on the day the More Homes, More Choice Act, 2019 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 the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act ; (“ministre”)

2 Clause 13.1 (6) (

c) of the Act is amended by striking out “of the Environment”.

3 The Act is amended by adding the following section:

Duty of members

14.1 Every member of an authority shall act honestly and in good faith with a view to furthering the objects of the authority.

Section 21.1 of the Act is repealed and the following substituted:

Mandatory programs and services

21.1

(1) An authority shall provide the following programs or services within its area of jurisdiction:

1. A program or service that meets any of the following descriptions and that has been prescribed by the regulations:

i. Programs and services related to the risk of natural hazards.

ii. Programs and services related to the conservation and management of lands owned or controlled by the authority, including any interests in land registered on title.

iii. Programs and services related to the authority’s duties, functions and responsibilities as a source protection authority under the Clean Water Act, 2006 .

iv. Programs and services related to the authority’s duties, functions and responsibilities under

an Act prescribed by the regulations.

2. A program or service, other than a program or service described in paragraph 1, that has been prescribed by the regulations on or before the first anniversary of the day prescribed under clause 40 (3) (h).

Same, Lake Simcoe Region Conservation Authority

(2) In addition to the programs and services required to be provided under subsection (1), the Lake Simcoe Region Conservation Authority shall provide within its area of jurisdiction such programs and services as are prescribed by the regulations and are related to its duties, functions and responsibilities under the Lake Simcoe Protection Act, 2008 .

Standards and requirements

(3) Programs and services required to be provided under subsections (1) and (2) shall be provided in accordance with such standards and requirements as may be set out in the regulations.

Municipal programs and services

21.1.1

(1) An authority may provide within its area of jurisdiction municipal programs and services that the authority agrees to provide on behalf of a municipality situated in whole or in part within its area of jurisdiction under a memorandum of understanding or such other agreement as may be entered into with the municipality in respect of the programs and services.

Memorandum, agreement available to public

(2) An authority shall make a memorandum of understanding or other agreement available to the public in such manner as may be determined in the memorandum or agreement.

Periodic review of memorandum, agreement

(3) An authority and a municipality who have entered into a memorandum of understanding or other agreement shall review the memorandum or agreement at such regular intervals as may be determined in the memorandum or agreement.

Other programs and services

21.1.2

(1) Subject to subsection (2), in addition to programs and services described in sections 21.1 and 21.1.1, an authority may provide within its area of jurisdiction such other programs and services as the authority determines are advisable to further its objects.

Agreement

(2) On and after the day prescribed by the regulations, if financing under

section 25 or 27 by a participating municipality is necessary in order for an authority to provide a program or service authorized to be provided under subsection (1), the program or service shall not be provided by the authority unless an agreement that meets the following criteria has been entered into between the authority and the participating municipality in respect of the program or service:

1. The agreement must provide for the participating municipality to pay to the authority,

i. an apportioned amount under

section 25 in connection with a project related to the program or service, or

ii. an apportioned amount under

section 27 in respect of the program or service.

2. The agreement must include provisions setting out the day on which the agreement terminates and a requirement that it be reviewed by the parties within the period specified in the regulations for the purpose of determining whether or not the agreement is to be renewed by the parties.

3. The agreement must meet such other requirements as may be prescribed by the regulations.

Transition plan re subs. 21.1.2 (2)

21.1.3

(1) Every authority shall develop and implement a transition plan for the purpose of ensuring that it will be in compliance with subsection 21.1.2 (2) by the day prescribed by the regulations for the purpose of that subsection.

Contents

(2) The transition plan shall address the following matters in accordance with the regulations:

1. Preparation by the authority of an inventory of the authority’s programs and services.

2. Consultation by the authority with participating municipalities on the inventory of programs and services mentioned in paragraph 1.

3. If financing under

section 25 or 27 by a participating municipality is necessary in order for the authority to provide a program or service authorized to be provided under subsection 21.1.2 (1), steps to be taken by the authority for the purposes of seeking to enter into an agreement with the participating municipality in respect of that program or service.

4. Such other matters as may be prescribed by the regulations.

Consultation

21.1.4 An authority shall carry out such consultations with respect to the programs and services it provides as may be required by regulation and shall do so in the manner specified by regulation.

Section 23.1 of the Act is amended by adding the following subsections:

Investigator

(4) The Minister may, at any time, appoint one or more investigators to conduct an investigation of an authority’s operations, including the programs and services it provides.

Powers of investigator

(5) For the purposes of an investigation under subsection (4), an investigator may,

(

a) inquire into any or all of the authority’s affairs, financial and otherwise;

(

b) require the production of any records that may relate to the authority’s affairs;

(

c) inspect, examine, audit and copy anything required to be produced under clause (b);

(

d) conduct a financial audit of the authority’s operations, including its programs and services; and

(

e) require any member of the authority and any other person to appear before the investigator and give evidence on oath about the authority’s affairs.

Application of Public Inquiries Act, 2009

(6) Section 33 of the Public Inquiries Act, 2009 applies to an investigation under subsection (4).

Report of investigator

(7) On completion of an investigation, an investigator shall report in writing to the Minister, who shall promptly transmit a copy of the report to the authority.

Cost of investigation

(8) The Minister may require the authority to pay all or part of the cost of an investigation under subsection (4).

Section 25 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 subsections:

Limitation

(1.1) Subject to subsections (1.2) and (1.3), an authority shall not, on and after the day prescribed by the regulations, include in the apportionment any capital costs in connection with a project related to a program or service authorized to be provided under subsection 21.1.2 (1).

Same

(1.2) An authority shall include in the apportionment of capital costs to a participating municipality any capital costs in connection with a project related to a program or service that has been identified in an agreement between the municipality and the authority as described in subsection 21.1.2 (2).

Extension of time

(1.3) If the circumstances prescribed by the regulations apply in respect of an authority, a person designated by the Minister may, by written notice to the authority, specify that a later day than the day prescribed by the regulations under subsection (1.1) applies to the authority and if such a notice is issued, the prohibition set out in subsection (1.1) applies to the authority on and after the day set out in the notice.

(1) Section 27 of the Act, as re-enacted by subsection 24 (1) of

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

Limitation

(1.1) Subject to subsections (1.2) and (1.3), an authority shall not, on and after the day prescribed by the regulations, include in the apportionment any operating expenses related to a program or service authorized to be provided under subsection 21.1.2 (1).

Same

(1.2) An authority shall include in the apportionment of operating expenses to a participating municipality any operating expenses related to a program or service that has been identified in an agreement between the municipality and the authority as described in subsection 21.1.2 (2).

Extension of time

(1.3) If the circumstances prescribed by the regulations apply in respect of an authority, a person designated by the Minister may, by written notice to the authority, specify that a later day than the day prescribed by the regulations under subsection (1.1) applies to the authority and if such a notice is issued, the prohibition set out in subsection (1.1) applies to the authority on and after the day set out in the notice.

(2) Subsection 27 (2) of the Act, as re-enacted by subsection 24 (1) of

Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 , is amended by striking out “subsection (1)” wherever it appears and substituting in each case “subsections (1) and (1.1)”.

(1) The Act is amended by adding the following section:

Other amounts owing to authority

Specified municipality

27.2

(1) In this section,

“specified municipality” means, when used in reference to an authority,

(

a) a municipality that is designated under the regulations made under the Clean Water Act, 2006 as a participating municipality for the authority for the purposes of that Act but that is not one of the authority’s participating municipalities under this Act, or

(

b) a municipality that is designated under the regulations made under the Lake Simcoe Protection Act, 2008 as a participating municipality for the Lake Simcoe Region Conservation Authority for the purposes of that Act but that is not one of the authority’s participating municipalities under this Act.

Determination of amounts owing by specified municipality

(2) An authority may, from time to time and in accordance with the regulations, determine the amounts owed by any of its specified municipalities in connection with the programs and services the authority provides in respect of the Clean Water Act, 2006 and Lake Simcoe Protection Act, 2008 .

Notice

(3) If the authority determines under subsection (2) that amounts are owing by any of its specified municipalities, the authority shall send a notice in writing to the specified municipality, setting out the amounts that the specified municipality owes to the authority.

Payment of amounts

(4) Subject to subsections (5) to (10), each specified municipality shall pay to the authority the amounts specified in the notice in accordance with the requirements set out in the notice.

Review of notice

(5) Any specified municipality that receives a notice under subsection (3) may, within 30 days after receiving the notice, apply to the Mining and Lands Commissioner, or to such other body as may be prescribed by regulation, for a review of the amounts owing.

Same

(6) The specified municipality that makes an application under subsection (5) shall send a copy of the notice of application to the authority and to every other participating municipality and specified municipality of the authority.

Hearing

(7) The Mining and Lands Commissioner, or such other body as may be prescribed by regulation, shall hold a hearing to reconsider the amounts owing, including considering whether the determination of the amounts owing was carried out in accordance with subsection (2).

Parties

(8) The parties to the hearing are the applicant municipality, the authority, any other participating municipality or specified municipality of the authority that requests to be a party and such other persons as the Mining and Lands Commissioner, or such other body as may be prescribed by regulation, may determine.

Powers on hearing

(9) Upon hearing an application under this section, the Mining and Lands Commissioner, or such other body as may be prescribed by regulation, may confirm or vary the amounts owing and may order the specified municipality to pay the amounts.

Decision final

(10) A decision under subsection (9) is final.

Debt due

(11) The amounts owed to the authority set out in a notice sent to a specified municipality or in an order under subsection (9), as the case may be, are a debt due by the specified municipality to the authority and may be enforced by the authority as such.

(2) Section 27.2 of the Act, as enacted by subsection (1), is amended by striking out “Mining and Lands Commissioner” wherever it appears and substituting in each case “Mining and Lands Tribunal”.

(1) Section 40 of the Act is repealed and the following substituted:

Regulations, Lieutenant Governor in Council

(1) The Lieutenant Governor in Council may make regulations,

(

a) governing the composition of conservation authorities and prescribing additional requirements regarding the appointment and qualifications of members of conservation authorities;

(

b) governing advisory boards established under subsection 18 (2), including requiring authorities to establish one or more advisory boards and prescribing requirements with respect to the composition, functions, powers, duties, activities and procedures of any advisory board that is established;

(

c) prescribing programs and services for the purposes of subsections 21.1 (1) and (2) and prescribing Acts for the purposes of subparagraph 1 iv of subsection 21.1 (1);

(

d) respecting standards and requirements applicable to programs and services for the purposes of subsection 21.1 (3);

(

e) governing the apportionment of an authority’s capital costs in connection with a project for the purposes of

section 25;

(

f) governing reviews under sections 26 and 27.1, including prescribing a body that may conduct such reviews instead of the Local Planning Appeal Tribunal or the Mining and Lands Commissioner, as the case may be;

(

g) governing the apportionment of an authority’s operating expenses for the purposes of

section 27, prescribing expenses as operating expenses for the purposes of

section 27, governing the amount that participating municipalities are required to pay under

section 27, including the fixed amount that a participating municipality may be required to pay under subsection 27 (2), and restricting and prohibiting the apportionment of certain types of operating expenses;

(

h) defining any term that is used in this Act and that is not defined in this Act;

(

i) respecting anything that is necessary or advisable for the proper administration of this Act.

Same

(2) The standards and requirements established for programs and services in a regulation made under clause (1) (

d) may include standards and requirements to mitigate the impacts of climate change and provide for adaptation to a changing climate, including through increasing resiliency.

Regulations, Minister

(3) The Minister may make regulations,

(

a) prescribing matters that may be the subject of by-laws made under clause 19.1 (1) (j);

(

b) respecting the amount of any fee that may be charged by an authority in relation to a program or service, including determining the manner in which the fee is calculated;

(

c) prescribing the period for the purposes of paragraph 2 of subsection 21.1.2 (2);

(

d) prescribing requirements for the purposes of paragraph 3 of subsection 21.1.2 (2);

(

e) governing the matters to be addressed in a transition plan under

section 21.1.3 and prescribing additional matters to be addressed;

(

f) governing consultations that an authority must carry out for the purposes of

section 21.1.4;

(

g) governing the information that authorities must provide to the Minister under

section 23.1, including the publication of that information;

(

h) prescribing a day for the purposes of subsections 25 (1.1) and 27 (1.1);

(

i) prescribing circumstances for the purposes of subsections 25 (1.3) and 27 (1.3);

(

j) governing the determination of amounts owed under subsection 27.2 (2).

(2) Section 40 of the Act, as re-enacted by subsection (1), is amended by adding the following subsection:

Minister’s regulations, ss. 28 to 28.4 of the Act

(4) The Minister may make regulations,

(

a) governing the prohibitions set out in

section 28, including,

(

i) prescribing the limits on river and stream valleys for the purposes of subparagraph 2 iii of subsection 28 (1),

(ii) determining or specifying areas for the purposes of subparagraph 2 iv of subsection 28 (1),

(iii) determining areas in which development should be prohibited or regulated for the purposes of subparagraph 2 v of subsection 28 (1),

(iv) prescribing activities or types of activities to which the prohibitions set out in subsection 28 (1) do not apply and respecting the manner or circumstances in which the activities or types of activities may be carried out and any conditions or restrictions that apply to the activity or type of activity,

(

v) prescribing areas in which the prohibitions set out in subsection 28 (1) do not apply and respecting the manner or circumstances in which the activities may be carried out in such areas and any conditions or restrictions that apply to carrying out activities in such areas,

(vi) defining “development activity”, “hazardous land”, “watercourse” and “wetland” for the purposes of

section 28;

(

b) governing applications for permits under

section 28.1, the issuance of the permits and the power of authorities to refuse permits, including prescribing requirements that must be met for the issuance of permits under clause 28.1 (1) (c), conditions that may be attached to a permit or circumstances in which a permit may be cancelled under

section 28.3 and respecting the period for which a permit is valid under

section 28.2;

(

c) defining “pollution” for the purposes of

section 28.1;

(

d) governing the delegation of powers by an authority under

section 28.4 and prescribing any limitations or requirements related to the delegation.

(3) Clause 40 (1) (

f) of the Act, as enacted by subsection (1), is amended by striking out “Mining and Lands Commissioner” and substituting “Mining and Lands Tribunal”.

Repeals

10 (1) Subsection 20 (2) of

Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 is repealed.

(2) Section 33 of

Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 is repealed.

Commencement

(1) Subject to subsection (2), this

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

(2) Section 10 comes into force on the day the More Homes, More Choice Act, 2019 receives Royal Assent.

SCHEDULE 3

Development Charges Act, 1997

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

“waste diversion services” means services related to waste management, but not including,

(

a) landfill sites and services, and

(

b) facilities and services for the incineration of waste.

2 Subsections 2 (3) and (4) 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,

(

a) permit the enlargement of an existing dwelling unit; or

(

b) permit the creation of additional dwelling units as prescribed, subject to the prescribed restrictions, in prescribed classes of existing residential buildings or prescribed structures ancillary to existing residential buildings.

Exemption for second dwelling units in new residential buildings

(3.1) The creation of a second dwelling unit in prescribed classes of proposed new residential buildings, including structures ancillary to dwellings, is, subject to the prescribed restrictions, exempt from development charges.

What services can be charged for

(4) A development charge by-law may impose development charges to pay for increased capital costs required because of increased needs only for the following services:

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

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

3. Storm water drainage and control services.

4. 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.

5. Electrical power services.

6. Policing services.

7. Ambulance services.

8. Fire protection services.

9. Toronto-York subway extension, as defined in subsection 5.1 (1).

10. Transit services other than the Toronto-York subway extension.

11. Waste diversion services.

12. Other services as prescribed.

(1) Paragraph 4 of subsection 5 (1) of the Act is amended by striking out “The estimate also must not include an increase in the need for service that relates to a time after the 10-year period immediately following the preparation of the background study unless the service is set out in subsection (5)” at the end.

(2) Paragraph 8 of subsection 5 (1) of the Act is repealed.

(3) Subsection 5 (3) of the Act is amended by adding “and” at the end of subparagraph 4 i, by striking out “and” at the end of subparagraph 4 ii and by repealing subparagraph 4 iii.

(5) Subsection 5 (5) of the Act is repealed.

4 Subsection 7 (1) of the Act is repealed and the following substituted:

Categories of services

(1) A development charge by-law may provide for services to be grouped into a category of services.

(1) The Act is amended by adding the following section:

Transitional matters respecting community benefits under Planning Act

By-law remains in force

9.1

(1) Despite subsection 9 (1), a development charge by-law that would expire on or after May 2, 2019 and before the prescribed date shall remain in force as it relates to the services described in subsection (4) until the earlier of,

(

a) the day it is repealed;

(

b) the day the municipality passes a by-law under subsection 37 (2) of the Planning Act as re-enacted by

section 9 of

Schedule 12 to the More Homes, More Choice Act, 2019 ; and

(

c) the prescribed date.

Same

(2) Despite subsection 9 (1), a development charge by-law that would expire on or after May 2, 2019 and before the prescribed date shall remain in force as it relates to ambulance services until the earlier of,

(

a) the day it is repealed;

(

b) the day the municipality passes a by-law under subsection 37 (2) of the Planning Act as re-enacted by

section 9 of

Schedule 12 to the More Homes, More Choice Act, 2019 ; and

(

c) the prescribed date.

By-law deemed to expire

(3) Unless it is repealed earlier, a development charge by-law that would expire on or after the prescribed date is deemed to have expired as it relates to the services described in subsection (4) on the earlier of,

(

a) the day the municipality passes a by-law under subsection 37 (2) of the Planning Act as re-enacted by

section 9 of

Schedule 12 to the More Homes, More Choice Act, 2019 ; and

(

b) the prescribed date.

Services

(4) The services referred to in subsections (1) and (3) are all services other than,

(

a) the services set out in subsection 5 (5) as that subsection read immediately before the More Homes, More Choice Act, 2019 received Royal Assent;

(

b) ambulance services; and

(

c) waste diversion services.

(2) Subsection 9.1 (1) of the Act, as enacted by subsection (1), is amended by striking out “Despite subsection 9 (1)” at the beginning and substituting “Despite subsections 2 (4) and 9 (1)”.

(3) Section 9.1 of the Act, as enacted by subsection (1), is amended by adding the following subsection:

Same

(5) While it is in force, a development charge by-law referred to in subsection (3) continues to apply to the services described in subsection (4), despite subsection 2 (4).

6 Clause 10 (2) (

b) of the Act is amended by striking out “8” and substituting “7”.

7 Subsection 26 (2) of the Act is amended by striking out “subsection 5 (5)” and substituting “subsection 2 (4)”.

(1) The Act is amended by adding the following sections:

Certain types of development, when charge payable

26.1

(1) Despite

section 26, a development charge in respect of any part of a development that consists of a type of development set out in subsection (2) is payable in accordance with this section.

Same

(2) The types of development referred to in subsection (1) are the following:

1. Rental housing development that is not non-profit housing development referred to in paragraph 5.

2. Institutional development.

3. Industrial development.

4. Commercial development.

5. Non-profit housing development.

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,

(

a) the following five anniversaries of that date, in the case of a development charge in respect of a type of development set out in paragraphs 1 to 4 of subsection (2); or

(

b) the following 20 anniversaries of that date, in the case of a development charge in respect of a type of development set out in paragraph 5 of subsection (2).

Amount of charge

(4) The amount of a development charge referred to in subsection (1) is the amount of the development charge determined in accordance with

section 26.2, regardless of whether the by-law under which the amount of the development charge would be determined is no longer in effect on the date an instalment is payable.

Notice of occupation

(5) A person required to pay a development charge referred to in subsection (1) shall, unless the occupation of the building in respect of which the development charge is required is authorized by a permit under the Building Code Act, 1992 , notify the municipality within five business days of the building first being occupied.

Failure to provide notice

(6) If a person described in subsection (5) fails to comply with that subsection, the development charge, including any interest payable in accordance with subsection (7), is payable immediately.

Interest

(7) A municipality may charge interest on the instalments required by subsection (3) from the date the development charge would have been payable in accordance with

section 26 to the date the instalment is paid, at a rate not exceeding the prescribed maximum interest rate.

Unpaid amounts added to taxes

(8) Section 32 applies to instalments required by subsection (3) and interest charged in accordance with subsection (7), with necessary modifications.

Change in type of development

(9) If any part of a development to which this

section applies is changed so that it no longer consists of a type of development set out in subsection (2), the development charge, including any interest payable, but excluding any instalments already paid in accordance with subsection (3), is payable immediately.

Transition, date charge payable

(10) This

section does not apply to a development charge that becomes payable before the day subsection 8 (1) of

Schedule 3 to the More Homes, More Choice Act, 2019 comes into force.

Agreement prevails

(11) This

section does not apply in cases where there is an agreement under

section 27.

When amount of development charge is determined

26.2

(1) The total amount of a development charge is the amount of the development charge that would be determined under the by-law on,

(

a) the day an application for an approval of development in a site plan control area under subsection 41 (4) of the Planning Act or subsection 114 (5) of the City of Toronto Act, 2006 was made in respect of the development that is the subject of the development charge;

(

b) if clause (

a) does not apply, the day an application for an amendment to a by-law passed under

section 34 of the Planning Act was made in respect of the development that is the subject of the development charge; or

(

c) if neither clause (

a) nor clause (

b) applies,

(

i) in the case of a development charge in respect of a development to which

section 26.1 applies, the day the development charge would be payable in accordance with

section 26 if

section 26.1 did not apply, or

(ii) in the case of a development charge in respect of a development to which

section 26.1 does not apply, the day the development charge is payable in accordance with

section 26.

Same, if by-law not in effect

(2) Subsection (1) applies regardless of whether the by-law under which the amount of the development charge would be determined is no longer in effect on the date the development charge is payable.

Interest

(3) Where clause (1) (

a) or (

b) applies, the municipality may charge interest on the development charge, at a rate not exceeding the prescribed maximum interest rate, from the date of the application referred to in the applicable clause to the date the development charge is payable.

More than one application

(4) If a development was the subject of more than one application referred to in clause (1) (

a) or (b), the later one is deemed to be the applicable application for the purposes of this section.

Exception, prescribed amount of time elapsed

(5) Clauses (1) (

a) and (

b) do not apply in respect of,

(

a) any part of a development to which

section 26.1 applies if, on the date the first building permit is issued for the development, more than the prescribed amount of time has elapsed since the application referred to in clause (1) (

a) or (

b) was approved; or

(

b) any part of a development to which

section 26.1 does not apply if, on the date the development charge is payable, more than the prescribed amount of time has elapsed since the application referred to in clause (1) (

a) or (

b) was approved.

Transition, date of application

(6) Clauses (1) (

a) and (

b) do not apply in the case of an application made before the day subsection 8 (1) of

Schedule 3 to the More Homes, More Choice Act, 2019 comes into force.

Agreement prevails

(7) This

section does not apply in cases where there is an agreement under

section 27.

(2) Section 26.2 of the Act, as enacted by subsection (1), is amended by adding the following subsections:

Transition, Planning Act matters

(6.1) This

section does not apply to development charges that are payable under a development charge by-law that applies in accordance with paragraph 3 of subsection 37.1 (3) of the Planning Act or paragraph 5 of subsection 51.1 (7) of that Act.

Transition, eligible services

(6.2) Beginning on the earlier of the following dates, the total amount of a development charge for the purposes of subsection (1) shall not include the amount of a development charge in respect of a service unless the service is set out in subsection 2 (4):

1. The day the municipality passes a by-law under subsection 37 (2) of the Planning Act as re-enacted by

section 9 of

Schedule 12 to the More Homes, More Choice Act, 2019 .

2. The date prescribed for the purposes of

section 9.1.

9 Subsection 32 (1) of the Act is amended by adding “including any interest payable in respect of it in accordance with this Act” after “the amount unpaid”.

Section 35 of the Act is amended by striking out “8” and substituting “7”.

11 (1) Subsection 44 (2) of the Act is amended by striking out “subsection 5 (5)” at the end and substituting “subsection 2 (4)”.

(2) Subsection 44 (4) of the Act is amended by striking out “Section 4 applies” at the beginning and substituting “Subsection 2 (3.1) and

section 4 apply”.

Section 52 of the Act is amended by adding the following subsections:

Special case, certain types of development

(3.1) Despite subsections (2) and (3), an amount that is payable under subsection (1) in respect of any part of a development that consists of a type of development set out in subsection 26.1 (2) is payable in accordance with the following provisions, with necessary modifications:

1. Clause 26.1 (3) (

a) or (b), as applicable.

2. Subsections 26.1 (5), (6) and (9).

Transition, date of agreement

(3.2) Subsection (3.1) does not apply to an amount that is payable under subsection (1) in respect of a front-ending agreement entered into before the day

section 12 of

Schedule 3 to the More Homes, More Choice Act, 2019 comes into force.

13 (1) Clause 60 (1) (

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

(

b) for the purposes of clause 2 (3) (b), prescribing classes of residential buildings, prescribing the maximum number of additional dwelling units for buildings in such classes, prescribing structures, prescribing restrictions and governing what constitutes a separate building;

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

(b.1) for the purposes of subsection 2 (3.1), prescribing classes of residential buildings, prescribing restrictions and governing what constitutes a separate building;

(3) Clause 60 (1) (

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

(

c) clarifying or defining terms used in paragraphs 1 to 8, 10 and 11 of subsection 2 (4);

(c.1) prescribing services for the purposes of paragraph 12 of subsection 2 (4);

(4) Clauses 60 (1) (

l) and (

m) of the Act are repealed.

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

(m.5) prescribing a date for the purposes of

section 9.1;

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

(s.1) governing the types of development set out in subsection 26.1 (2);

(s.2) prescribing the maximum rate of interest for the purposes of subsections 26.1 (7) and 26.2 (3);

(s.3) prescribing the amount of time for the purposes of clauses 26.2 (5) (

a) and (b);

14 The Act is amended by adding the following section:

Regulations respecting transition, 2019 amendments

60.1 The Lieutenant Governor in Council may make regulations,

(

a) setting out transitional rules dealing with matters not specifically dealt with in the amendments to this Act made by

Schedule 3 to the More Homes, More Choice Act, 2019 ;

(

b) clarifying the transitional rules set out in the amendments to this Act made by

Schedule 3 to the More Homes, More Choice Act, 2019 .

Repeals

(1) Schedule 1 to the Promoting Affordable Housing Act, 2016 is repealed.

(2) Section 14 of

Schedule 4 to the Comprehensive Ontario Police Services Act, 2019 is repealed.

Commencement

(1) Subject to subsection (2), this

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

(2) Section 1, subsections 3 (4), 5 (1) and 13 (5) and sections 14 and 15 come into force on the day the More Homes, More Choice Act, 2019 receives Royal Assent.

SCHEDULE 4

Education ACT

1 Subsection 195 (1) of the Education Act is repealed and the following substituted:

Board may purchase or apply to expropriate within its jurisdiction

(1) Subject to subsections (1.1) and (1.2), and to the provisions of

section 90 as to the approval of the site of a new school by a rural separate school board, every board may select and may acquire, by purchase, lease or otherwise, or may expropriate, a school site or any other land that is within its area of jurisdiction.

Notice of intent to acquire

(1.1) Before a board acquires or applies for an approval to expropriate a school site or any other land under subsection (1), the board shall give notice to the Minister, within the prescribed time period and in the manner and form specified by the Minister, of the board’s intent to acquire or apply to expropriate the land.

Minister’s response

(1.2) If the Minister notifies the board, within the prescribed time period, that the proposed acquisition or application to expropriate referred to in subsection (1.1) shall not proceed, the board shall not proceed with the acquisition or the application to expropriate.

Same

(1.3) If the Minister does not notify the board under subsection (1.2) that the proposed acquisition or application to expropriate referred to in subsection (1.1) shall not proceed, the board may proceed with the acquisition or the application to expropriate.

Regulations

(1.4) The Minister may make regulations prescribing the time periods referred to in subsections (1.1) and (1.2).

2 Subsection 257.53 (1) of the Act is amended by adding the following

definitions:

“alternative project” means a project, lease or other prescribed measure, approved by the Minister under

section 257.53.1, that would address the needs of the board for pupil accommodation and would reduce the cost of acquiring land; (“projet de rechange”)

“localized education development agreement” means an agreement between a board and an owner described in subsection 257.53.2 (1); (“entente d’aménagement scolaire spécifique à un emplacement”)

3 The Act is amended by adding the following sections:

Alternative Projects

Alternative project

257.53.1

(1) Before an education development charge by-law is passed under subsection 257.54 (1), a board may request and the Minister may approve, in accordance with subsection (2), an allocation of revenue raised by charges imposed by the by-law towards an alternative project.

Minister’s approval

(2) A board may allocate revenue raised by charges imposed by an education development charge by-law towards an alternative project if,

(

a) the board provides the Minister with the plans related to the proposed allocation of revenue towards the alternative project and any other information requested by the Minister that relates to the project; and

(

b) the Minister, after considering any prescribed criteria, approves of the proposed allocation.

Changes to approved project

(3) Before a board makes any changes to an alternative project or to a proposed allocation of revenue approved under subsection (2), the board shall provide to the Minister, within the prescribed time period, notice of the proposed changes and any updated plans and information referred to in clause (2) (a).

Same

(4) If the Minister, after considering any prescribed criteria, notifies the board within the prescribed time period that the proposed changes referred to in subsection (3) shall not be made, the board shall not make the changes.

Same

(5) If the Minister does not notify the board under subsection (4) that the proposed changes referred to in subsection (3) shall not be made, the board may make the changes.

Localized Education Development Agreements

Exemption for localized education development agreement

257.53.2

(1) Before an education development charge by-law is passed under subsection 257.54 (1), a board may, in accordance with subsection (2), enter into a localized education development agreement with an owner of land that would be subject to the imposition of education development charges under the by-law, in which,

(

a) the owner provides a lease, real property or other prescribed benefit to be used by the board to provide pupil accommodation; and

(

b) the board agrees not to impose education development charges against the land that would otherwise be subject to the charges.

Minister’s approval

(2) A board may enter into a localized education development agreement if,

(

a) the board provides the Minister with the proposed agreement and any other information requested by the Minister that relates to the agreement; and

(

b) the Minister, after considering any prescribed criteria, approves of the board entering into the agreement.

Effect of agreement

(3) If the Minister approves of and the board enters into a localized education development agreement, the land that is the subject of the agreement that would otherwise be subject to the imposition of education development charges under a by-law passed under subsection 257.54 (1) is exempt from those charges.

Notification to Minister if no agreement

(4) If the board receives the Minister’s approval under clause (2) (

b) but does not enter into the agreement, the board shall notify the Minister that it did not enter into the agreement.

(1) Subsection 257.61 (2) is amended by striking out “and” at the end of clause (

c) and by repealing clause (

d) and substituting the following:

(

d) a description of any alternative projects that the board intends to allocate education development charges revenue towards;

(

e) a description of any localized education development agreements that the board intends to enter into; and

(

f) such other information as may be prescribed.

(2) Section 257.61 is amended by adding the following subsections:

Update of background study

(3) If the board receives the Minister’s approval to allocate revenue raised by charges imposed by an education development charge by-law towards an alternative project under clause 257.53.1 (2) (b), but does not proceed with the allocation, the board shall update any information included in the background study accordingly.

Same

(4) If the board receives the Minister’s approval to enter into a localized education development agreement under clause 257.53.2 (2) (b), but does not enter into the agreement, the board shall update any information included in the background study accordingly.

Section 257.63 of the Act is amended by adding the following subsections:

Requirements of notice

(1.1) The notice referred to in clause (1) (

b) must meet the requirements prescribed in the regulations.

. . . . .

Consideration of representations

(2.1) Following the meeting, or if there is more than one meeting, following the final meeting held under this

section with respect to the proposed by-law, the board, in determining whether to make any changes to the background study or to the proposed by-law, shall consider,

(

a) any representations relating to the proposed by-law made under subsection (2); and

(

b) any alternative projects or localized education development agreements that were proposed through any representations made under subsection (2).

6 Subsection 257.70 (2) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Limitation

(2) Each of the following amendments to an education development charge by-law may only be passed once in the one-year period immediately following the coming into force of the by-law and in each subsequent one-year period:

. . . . .

(1) Subsection 257.101 (1) of the Act is amended by adding the following clauses:

(a.1) governing any terms, conditions and limitations that may be imposed on the allocation of revenue raised by charges imposed by an education development charge by-law towards an alternative project or that must be included in a localized education development agreement;

. . . . .

(

t) providing for any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments to this Division made by

Schedule 4 to the More Homes, More Choice Act, 2019 .

(2) Clause 257.101 (1) (

e) is repealed and the following substituted:

(

e) governing the expiry of education development charge by-laws;

(3) Section 257.101 is amended by adding the following subsection:

Regulations, transition

(3) A regulation made under clause (1) (

t) may provide that it applies despite this Act.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the day the More Homes, More Choice Act, 2019 receives Royal Assent.

(2) Sections 2, 3, 4, 5 and 7 come into force on the later of November 1, 2019 and the day the More Homes, More Choice Act, 2019 receives Royal Assent.

SCHEDULE 5

Endangered Species Act, 2007

1 (1) Subsection 2 (1) of the Endangered Species Act, 2007 is amended by adding the following

definitions:

“Agency” means the corporation established by regulation under

section 20.4; (“Agence”)

“conservation fund species” means a species that is designated under subsection 20.1 (3) for the purposes of the Fund; (“espèce ciblée par le fonds de conservation”)

“Fund” means the Species at Risk Conservation Fund established under

section 20.1; (“Fonds”)

“operating agreement” means an operating agreement entered into by the Minister and the Agency under

section 20.11; (“accord de fonctionnement”)

“species conservation charge” means a charge that is paid to the Agency in accordance with

section 20.3; (“redevance pour la conservation des espèces”)

(2) Clause (

a) of the definition of “habitat” in subsection 2 (1) of the Act is amended by striking out “clause 55 (1) (a)” and substituting “clause 56 (1) (a)”.

(3) The definition of “Minister” in subsection 2 (1) of the Act is amended by striking out “Minister of Natural Resources” and substituting “Minister of the Environment, Conservation and Parks”.

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

First time listing

(3) For greater certainty, a reference in this Act to a species being listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time is a reference to a species being so listed in circumstances where the species has not been previously listed as either an endangered species or a threatened species.

2 Clauses 3 (4) (

a) and (

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

(

a) a scientific discipline such as conservation biology, ecology, genetics, population dynamics, taxonomy, systematics or wildlife management; or

(

b) community knowledge or aboriginal traditional knowledge.

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

Criteria for classification

(4) The criteria for assessing and classifying species as endangered, threatened or special concern species under paragraph 1 of subsection 4 (1) shall include considerations of,

(

a) the species’ geographic range in Ontario; and

(

b) the condition of the species across the broader biologically relevant geographic range in which it exists both inside and outside of Ontario.

Same

(5) If consideration of the condition of the species both inside and outside of Ontario under clause (4) (

b) would result in a species classification indicating a lower level of risk to the survival of the species than would result if COSSARO considered the condition of the species inside Ontario only, COSSARO’s classification of a species shall reflect the lower level of risk to the survival of the species.

Section 6 of the Act is repealed and the following substituted:

Reports by COSSARO

Annual report

(1) Between January 1 and January 31 of each year, COSSARO shall submit an annual report to the Minister that sets out,

(

a) the classification of each species that COSSARO has classified since its last annual report, as an extinct, extirpated, endangered, threatened or special concern species; and

(

b) the reasons for the classification.

Same

(2) The annual report may also state that,

(

a) an assessment of a species indicates that it is not at risk; or

(

b) there is insufficient information available to classify a species.

Additional reports

(3) COSSARO shall not submit an additional report with respect to the classification of species to the Minister unless,

(

a) the Minister has requested that COSSARO classify a species or reconsider its classification of a species under

section 8; or

(

b) COSSARO is of the opinion that a species that is not listed on the Species at Risk in Ontario List as extirpated, endangered or threatened, may be facing imminent extinction or extirpation.

5 (1) Subsection 7 (4) of the Act is amended by striking out “three months” and substituting “12 months”.

(2) Section 7 of the Act is amended by adding the following subsection:

Same

(4.1) The 12-month period referred to in subsection (4) applies with respect to any report from COSSARO received by the Minister in 2019 before the day subsection 5 (1) of

Schedule 5 of the More Homes, More Choice Act, 2019 comes into force.

(3) Subsections 7 (7) to (10) of the Act are repealed.

6 (1) Subsection 8 (2) of the Act is amended by striking out “is not appropriate” and substituting “may not be appropriate”.

(2) Subsections 8 (3) and (4) of the Act are repealed and the following substituted:

Same

(3) If COSSARO has reported to the Minister its classification of a species as an extirpated, endangered, threatened or special concern species but the Species at Risk in Ontario List has not yet been amended in accordance with

section 7 to reflect the classification, the Minister, if of the opinion that credible scientific information indicates that the classification may not be appropriate, may require COSSARO to,

(

a) reconsider the classification; and

(

b) not later than the date specified by the Minister, submit a second report to the Minister under

section 6 which shall either confirm the classification of the species in the first report or reclassify the species.

Notice

(4) Upon requiring COSSARO to reconsider a classification of a species under subsection (3), the Minister shall publish a notice of the requirement for a classification reconsideration on a website maintained by the Government of Ontario.

Content of notice

(4.1) A notice under subsection (4) shall,

(

a) state that the Minister is of the opinion that credible scientific information indicates that the classification of the species in COSSARO’s first report may not be appropriate;

(

b) sets out the reasons for the Minister’s opinion; and

(

c) sets out the date by which COSSARO is required to submit a second report to the Minister under

section 6 which shall either confirm the classification of the species in the first report or reclassify the species.

Timing of amendments to regulation

(4.2) If the Minister requires under subsection (3) that COSSARO reconsider its classification of a species set out in a first report made under

section 6,

(

a) the requirement under subsection 7 (4) for the Ministry official to make and file an amendment to the Species at Risk in Ontario List within 12 months after the day the first report is received no longer applies with respect to the species; and

(

b) the Ministry official shall, not later than 12 months after the day the second report is received from COSSARO in accordance with clause (3) (b), make and file an amendment to the Species at Risk in Ontario List so that it accurately reflects information relating to the species contained in the second report.

7 The Act is amended by adding the following sections:

Temporary suspension of protections upon initial listing

8.1

(1) Subject to subsections (2) and (3), the Minister may, by regulation, order that, as of the day a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, the application to the species of all or some of the prohibitions in subsections 9 (1) and 10 (1) shall be temporarily suspended.

Timing

(2) An order under subsection (1) shall be made by the Minister after he or she receives a report from COSSARO under

section 6 classifying a species as endangered or threatened but before the amendment is made to the Species at Risk in Ontario List under

section 7 to reflect the new classification of the species by COSSARO.

Criteria

(3) The Minister may make an order under subsection (1) only if,

(

a) before the report was submitted by COSSARO under

section 6, the species was not listed as an endangered or threatened species on the Species at Risk in Ontario List;

(

b) the Minister is of the opinion that,

(

i) the application of the prohibitions would likely have significant social or economic implications for all or parts of Ontario and, as a result, additional time is required to determine the best approach to protecting the species and its habitat, and

(ii) the temporary suspension will not jeopardize the survival of the species in Ontario; and

(

c) the Minister is of the opinion that the species meets at least one of the following criteria:

(

i) the species is broadly distributed in the wild in Ontario,

(ii) the amount, quality and availability of the species’ habitat in Ontario is not currently limiting its survival or recovery in Ontario,

(iii) addressing the primary threats to the species is not currently possible or feasible and additional time is needed to assess the best approach to addressing those threats,

(iv) successfully reducing the primary threats to the species requires the cooperation of other jurisdictions and additional time is needed to address the inter-jurisdictional complexities of addressing those threats, or

(

v) any other criteria prescribed by the regulations made by the Lieutenant Governor in Council.

Order

(4) An order under subsection (1) shall,

(

a) identify the species to which it relates;

(

b) specify the prohibitions in subsections 9 (1) and 10 (1), the application of which will be suspended under the order;

(

c) set out the date on which the suspension of the specified prohibitions will end, subject to subsection (5); and

(

d) state the reason for the suspension.

Period of suspension

(5) An order under subsection (1) shall provide that the period of suspension,

(

a) begins immediately upon the species being listed on the Species at Risk in Ontario List as endangered or threatened, as the case may be; and

(

b) ends on the date set out in the order which shall be no later than three years after the day on which the species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time.

Geographic areas

(6) An order under subsection (1) may be limited to one or more geographic areas described in the order.

Change of species’ name

(7) An order may not be made under this

section with respect to a species if, before the species classification set out in the most recent COSSARO report submitted under

section 6, the species, or some members of the species, were classified under a different common or scientific name that appeared on the Species at Risk in Ontario List as belonging to an endangered or threatened species.

Effect of order

(8) For greater certainty, the making of an order under subsection (1) with respect to a species does not relieve the Minister of any obligations in sections 11, 12, 12.1 or 12.2 with respect to that species.

Delay of prohibitions upon initial listing

8.2

(1) Where a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, the prohibitions in clause 9 (1) (a), the prohibitions against possessing and transporting things under clause 9 (1) (

b) and the prohibitions in subsection 10 (1) shall not apply to the following persons for a period of one year starting on the day the species is so listed:

1. A person engaged in an activity under a permit that was issued under subsection 17 (1) or 19 (3) before the species is so listed.

2. A person engaged in an activity under an agreement that was entered into under subsection 16 (1), 16.1 (3) or 19 (1) before the species is so listed.

3. A person engaged in an activity that is a regulated activity within the meaning of

section 18 if the regulated activity was,

i. authorized by an instrument, as defined in subsection 18 (1), that was entered into, issued, made or approved before the species is so listed, and

ii. prescribed as a regulated activity for the purposes of

section 18 by a regulation made under clause 18 (3) (a).

Where prohibitions suspended under s. 8.1

(2) Despite subsection (1), if the Minister makes an order under

section 8.1 temporarily suspending the application of all or some of the prohibitions referred to in subsection (1) with respect to a species upon that species being listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, those prohibitions shall not apply to a person referred to in subsection (1) for a further period of one year starting immediately after the end of the period of temporary suspension.

Limitations

(3) Subsections (1) and (2) authorize a person to carry out

an act that would otherwise be prohibited under clause 9 (1) (

a) and subsection 10 (1) or to possess or transport something contrary to clause 9 (1) (b), subject to the following limitations:

1. The person shall take reasonable steps to minimize the adverse effects of the activity that was authorized by the permit, agreement or instrument referred to in subsection (1) on the species that is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time.

2. The person shall carry out the acts or possess or transport something only if doing so is,

i. necessarily incidental to the activity that was authorized by the permit, agreement or instrument referred to in subsection (1), or

ii. necessary for the purpose of taking the reasonable steps mentioned in paragraph 1.

Change of species’ name

(4) Subsection (1) does not apply to a regulation that lists a species on the Species at Risk in Ontario List as an endangered or threatened species for the first time, based on a species classification set out in the most recent COSSARO report submitted under

section 6, if before the listing, the species, or some members of the species, were classified under a different common or scientific name that appeared on the Species at Risk in Ontario List as belonging to an endangered or threatened species.

(1) Section 9 of the Act is amended by adding the following subsections:

Exception, temporary suspension order

(1.1) If a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, the application of the prohibitions in subsection (1) with respect to the species is subject to any order made under

section 8.1.

Exception, species regulations

(1.2) Subject to

section 57, the Minister may, by regulation, limit the application of the prohibitions in subsection (1) with respect to a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species.

Same

(1.3) Without limiting the generality of subsection (1.2), a regulation under that subsection may,

(

a) provide that some of the prohibitions in subsection (1) do not apply with respect to a species or provide that they do not apply in specified circumstances;

(

b) limit the geographic areas to which all or some of the prohibitions in subsection (1) apply, or the times at which they apply, with respect to a species;

(

c) limit the application of all or some of the prohibitions in subsection (1) to a specified stage in the development of a species; or

(

d) provide that a limitation set out in the regulation is subject to specified conditions.

Consideration of government response statement

(1.4) Before a regulation is made under subsection (1.2), the Minister shall consider any government response statement that has been published under

section 12.1 with respect to any species affected by the regulation.

(2) Subsections 9 (4) and (5) of the Act are repealed and the following substituted:

Possession and transport by Crown

(4) Clause (1) (

b) does not apply to possession or transport of a species by the Crown.

Same, persons or body

(5) Clause (1) (

b) does not apply to possession or transport of a species by a person or body if the Minister has authorized the person or body to possess or transport the species for,

(

a) scientific or educational purposes; or

(

b) traditional cultural, religious or ceremonial purposes.

Conditions

(5.1) An authorization granted under subsection (5) is subject to such conditions as the Minister may specify in the authorization.

9 Subsection 10 (3) of the Act is repealed and the following substituted:

Exception, suspension of protections

(3) If a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, the application of the prohibition in clause (1) (

a) with respect to the habitat of the species is subject to any order made under

section 8.1.

10 (1) Subsection 11 (1) of the Act is repealed and the following substituted:

Recovery strategies

(1) The Minister shall ensure that a strategy is prepared for the recovery of each species that is listed on the Species at Risk in Ontario List as an endangered or threatened species and the strategy shall set out advice and recommendations to the Minister in accordance with subsection (2).

(2) Subparagraph 3 iii of subsection 11 (2) of the Act is amended by striking out “clause 55 (1) (a)” and substituting “clause 56 (1) (a)”.

(3) Subsection 11 (4) of the Act is amended by adding “or” at the end of clause (a), by striking out “or” at the end of clause (

b) and by striking out clause (c).

(4) Subsection 11 (5) of the Act is amended by striking out “the environmental registry established under the Environmental Bill of Rights, 1993 ” in the portion before clause (

a) and substituting “a website maintained by the Government of Ontario”.

(5) Subsections 11 (8) to (12) of the Act are repealed and the following substituted:

Feasibility

(8) The Minister may consider social and economic factors in reaching his or her opinion on whether reintroduction of the species in Ontario is feasible for the purpose of subsection (7).

11 (1) Subsection 12 (1) of the Act is repealed and the following substituted:

Management plans for special concern species

(1) The Minister shall ensure that a management plan is prepared for each species that is listed on the Species at Risk in Ontario List as a special concern species and the plan shall set out advice and recommendations to the Minister on approaches for the management of the species in Ontario.

(2) Subsection 12 (4) of the Act is amended by striking out “the environmental registry established under the Environmental Bill of Rights, 1993 ” in the portion before clause (

a) and substituting “a website maintained by the Government of Ontario”.

(3) Subsections 12 (5) to (8) of the Act are repealed.

12 The Act is amended by adding the following sections:

Government response statements

12.1

(1) Where a recovery strategy or management plan is prepared under

section 11 or 12, the Minister shall publish a statement that sets out the policy with respect to the actions that the Government of Ontario intends to take in response to the recovery strategy or management plan, and the Government’s priorities with respect to taking those actions.

Place of publication

(2) A government response statement shall be published on a website maintained by the Government of Ontario.

Time limit

(3) A government response statement shall be published within nine months after the recovery strategy or management plan is made available to the public, subject to subsection (4).

Same

(4) The time limit in subsection (3) does not apply to a government response statement if, before the expiry of the nine months, the Minister publishes a notice on a website maintained by the Government of Ontario that,

(

a) states that the Minister is of the opinion that additional time is required to prepare the statement;

(

b) sets out the reasons for the Minister’s opinion; and

(

c) provides an estimate of when the statement will be published.

Implementation

(5) The Minister shall ensure the implementation of any actions referred to in a government response statement that, in the opinion of the Minister, are feasible and are within the responsibilities of the Minister.

Priorities

(6) If government response statements have been published under this

section in respect of more than one species, the Minister may, in implementing actions under subsection (5), determine the relative priority to be given to the implementation of actions referred to in those statements.

Feasibility

(7) The Minister may consider social and economic factors in reaching his or her opinion on whether actions referred to in a government response statement are feasible for the purpose of subsection (5).

Review of progress

12.2

(1) Where a government response statement is published under

section 12.1 in response to a recovery strategy prepared in respect of a threatened, endangered or extirpated species, the Minister shall ensure that a review is conducted of the progress towards the protection and recovery of the species.

Time limit

(2) A review under subsection (1) shall be conducted no later than,

(

a) the time specified in the government response statement; or

(

b) if no time is specified in the government response statement, five years after the government response statement is published.

13 Subsection 16 (2) of the Act is amended by striking out “any statement that has been published under subsection 11 (8)” and substituting “any government response statement that has been published under

section 12.1”.

14 The Act is amended by adding the following section:

Landscape agreements

16.1

(1) An agreement entered into under this

section shall meet the following requirements:

1. The agreement authorizes a party to the agreement to carry out multiple activities throughout a geographic area of the Province identified in the agreement.

2. The authorized activities would otherwise be prohibited under

section 9 or 10 with respect to one or more species specified in the agreement (the impacted species) and listed on the Species at Risk in Ontario List as an endangered or threatened species.

3. The agreement requires that the authorized party execute specified beneficial actions that will assist with the protection or recovery of one or more species specified in the agreement (the benefiting species) that exist within the identified geographic area and are listed on the Species at Risk in Ontario List as an endangered, threatened or special concern species.

Benefiting species

(2) The benefiting species under a landscape agreement are not required to be an impacted species under that agreement, subject to clause (3) (a).

Criteria for agreement

(3) The Minister may enter into a landscape agreement only if,

(

a) the Minister is satisfied that at least one of the benefiting species specified in the agreement is also an impacted species under the agreement;

(

b) the Minister is satisfied that,

(

i) the authorized party who enters into the agreement with the Minister meets any eligibility requirements prescribed by the regulations or is part of a class of persons prescribed by the regulations,

(ii) the authorized activities under the agreement meet any requirements prescribed by the regulations,

(iii) the geographic area to which the agreement applies has not been excluded by the regulations from the application of this section,

(iv) none of the impacted species under the agreement have been excluded by the regulations from the application of this section, and

(

v) the agreement meets such other requirements as may be prescribed by the regulations; and

(

c) at the time the agreement is entered into, the Minister is of the opinion that,

(

i) the agreement will not jeopardize the survival or recovery in Ontario of an impacted species under the agreement,

(ii) the agreement requires the authorized party to take reasonable steps to minimize the adverse effects of the authorized activities on the impacted species specified in the agreement,

(iii) reasonable alternatives have been considered, including alternatives that will not adversely affect any impacted species specified in the agreement, and

(iv) the benefits from the beneficial actions that would be achieved in respect of the benefiting species outweigh the adverse effects of the activities affecting the impacted species.

Considerations

(4) Before entering into a landscape agreement, the Minister shall consider,

(

a) any government response statement that has been published under

section 12.1 in respect of each benefiting and impacted species under the agreement; and

(

b) such other matters as may be prescribed by the regulations.

Species conservation charge

(5) An agreement entered into under this

section may require the authorized party under the agreement to pay a species conservation charge to the Agency in accordance with

section 20.3 if an impacted species under the agreement is also a conservation fund species.

Minister policy statements

(6) The Minister may issue policy statements governing the form and content of landscape agreements.

Publication

(7) Policy statements issued under subsection (6) shall be published on a website maintained by the Government of Ontario.

Compliance with policy statement

(8) A landscape agreement shall be consistent with any policy statement published under subsection (7).

Compliance with agreement

(9) An authorization provided by a landscape agreement under this

section does not apply unless the person who enters into the agreement with the Minister complies with any requirements imposed on the person by the agreement.

Definitions

(10) In this section,

“authorized activity” means an activity authorized under a landscape agreement that would otherwise be prohibited under

section 9 or 10; (“activité autorisée”)

“authorized party” means a party to a landscape agreement who is authorized to carry out authorized activities under the agreement; (“partie autorisée”)

“benefiting species” means species that are listed on the Species at Risk in Ontario List as endangered, threatened or special concern species and that are specified in a landscape agreement as species in respect of which beneficial actions will be executed to assist in their protection or recovery; (“espèce bénéficiaire”)

“impacted species” means species that are listed on the Species at Risk in Ontario List as endangered or threatened species and that are specified in a landscape agreement as species in respect of which authorized activities may be carried out despite being otherwise prohibited in respect of the species under

section 9 or 10. (“espèce touchée”)

15 (1) Clauses 17 (2) (

c) and (

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

(

c) the Minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but,

(

i) either of the following conditions will be or have been met:

(

A) the Minister is of the opinion that an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit, or

(

B) subject to subsection (2.1), the person who would be authorized by the permit to engage in the activity has agreed to pay to the Agency any species conservation charge that is required by the permit,

(ii) the Minister is of the opinion that reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted, and

(iii) the Minister is of the opinion that reasonable steps to minimize adverse effects on the species are required by conditions of the permit; or

(

d) the Minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but,

(

i) the Minister is of the opinion that the activity will result in a significant social or economic benefit to Ontario,

(ii) subject to subsection (2.1), the person who would be authorized to engage in the activity has agreed to pay to the Agency any species conservation charge that is required under the permit,

(iii) the Minister is of the opinion that the activity will not jeopardize the survival or recovery of the species in Ontario,

(iv) the Minister is of the opinion that reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted, and

(

v) the Minister is of the opinion that reasonable steps to minimize adverse effects on the species are required by conditions of the permit.

(2) Section 17 of the Act is amended by adding the following subsections:

Species conservation charge

(2.1) The Minister may require a permit holder to pay a species conservation charge to the Agency as a condition of a permit issued under clause (2) (

c) or (

d) only if the permit is issued with respect to a species that is a conservation fund species.

(3) Subsection 17 (3) of the Act is amended by striking out “any statement that has been published under subsection 11 (8)” and substituting “any government response statement that has been published under

section 12.1”.

(4) Subsection 17 (5) of the Act is amended by adding the following clause:

(d.1) require the holder of a permit issued under clause (2) (

c) or (

d) to pay a species conservation charge;

(5) Subclauses 17 (7) (a) (

i) and (ii) of the Act are repealed and the following substituted:

(

i) amend the permit, whether it was issued under clause (2) (a), (b), (

c) or (d), if the Minister is of the opinion that the permit could be issued under the same clause in its amended form, or

(6) Clause 17 (7) (

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

(

b) without the consent of the holder of the permit issued under this section, but subject to

section 20, amend or revoke the permit if the Minister is of the opinion that the revocation or amendment,

(

i) is necessary to prevent jeopardizing the survival or recovery, in Ontario, of the species specified in the permit, or

(ii) is necessary for the protection of human health or safety.

Section 18 of the Act is repealed and the following substituted:

Activities regulated under other Acts

Definitions

(1) In this section,

“instrument” means an agreement, permit, licence, order, approved plan or other similar document; (“acte”)

“regulated activity” means,

(

a) an activity authorized by an instrument that is entered into, issued, made or approved under a provision of

an Act of Ontario or Canada or a provision of a regulation made under

an Act of Ontario or Canada, or

(

b) an activity permitted or required under a regulation that is made under

an Act of Ontario or Canada. (“activité réglementée”)

Authority to carry out regulated activity

(2) If a person is authorized, permitted or required to engage in a regulated activity but the regulated activity is prohibited by

section 9 or 10 with respect to one or more species that are listed on the Species at Risk in Ontario List as endangered or threatened species, the person may engage in the regulated activity despite

section 9 or 10 if,

(

a) the regulated activity is prescribed by the regulations made under subsection (3) for the purposes of this section;

(

b) the species is prescribed by the regulations made under subsection (3) for the purposes of this section;

(

d) the person pays to the Agency any species conservation charge that may be required by the regulations made under subsection (3).

Regulations

(3) The Minister may make regulations,

(

a) prescribing regulated activities for the purposes of this section;

(

b) prescribing species listed on the Species at Risk in Ontario List as endangered or threatened species for the purposes of this section;

(

c) governing requirements or processes that must be followed by persons who are authorized, permitted or required to carry out the prescribed regulated activities under instruments or regulations, including,

(

i) limiting or restricting the manner in which the persons carry out the regulated activity and requiring that they not perform some of the acts that are prohibited under subsection 9 (1) or 10 (1) while carrying out the activity, or

(ii) requiring the persons to,

(

A) take actions to achieve a benefit that will assist with the protection or recovery of the species referred to in clause (b),

(

B) consider reasonable alternatives to the regulated activity before engaging in that activity, including alternatives that would not adversely affect a species referred to in clause (b), and

(

C) take reasonable steps to minimize the adverse effects of the regulated activity on the species referred to in clause (b);

(

d) requiring persons who are authorized under this

section to engage in prescribed regulated activities that would otherwise have been prohibited under

section 9 or 10 with respect to a conservation fund species, to pay a species conservation charge to the Agency;

(

e) prescribing circumstances in which a species conservation charge may be required of a person under clause (

d) and the circumstances in which a species conservation charge may not be required.

Same

(4) The Minister may make a regulation prescribing a regulated activity for the purposes of this

section and prescribing species listed on the Species at Risk in Ontario List for the purposes of this

section only if, in the Minister’s opinion,

(

a) the regulated activity will not jeopardize the survival of any of the prescribed species or have any other significant adverse effect on those species;

(

b) there is a requirement, whether under the Act or regulation under which the regulated activity is authorized, permitted or required, or under a regulation made under subsection (3), that reasonable alternatives be considered before engaging in the regulated activity, including alternatives that would not adversely affect the prescribed species; and

(

c) there is a requirement, whether under the Act or regulation under which the regulated activity is authorized, permitted or required, under a regulation made under subsection (3) or under the instrument authorizing the regulated activity, that,

(

i) a benefit that will assist with the protection or recovery of the prescribed species be achieved, where reasonable, and

(ii) reasonable steps be taken to minimize adverse effects on the prescribed species.

Considerations

(5) Before making a regulation under subsection (3) prescribing a species listed on the Species at Risk in Ontario List for the purposes of this section, the Minister shall consider any government response statement that has been published under

section 12.1 in respect of the species.

(1) Section 19 of the Act is amended by ad