On November 28, 2022, Bill 23, More Homes Built Faster Act, 2022, received Royal Assent. The original version, which went to First Reading on October 25, 2022, contained many regime-changing proposals, the significant details and anticipated impact of which was commented on in our November 10, 2022 article.
Major Amendments to Bill 23 as Finally Passed Include
| First Proposed | As Revised | |
| Schedule 1: City of Toronto Act, 2006 |
|
|
| Schedule 3: Development Charges Act, 1997 |
|
|
| Schedule 9: Planning Act |
|
|
|
|
|
|
|
|
|
|
No changes were made to the original amendments proposed by Bill 23 to the Conservation Authorities Act, New Home Construction Licensing Act, 2017, the Municipal Act, the Ontario Heritage Act, the Ontario Land Tribunal Act, the Ontario Underground Infrastructure Notification System Act, 2012; and the Supporting Growth and Housing in York and Durham Regions Act, 2022.
What’s Now in Force
Much of Bill 23 has come into force as of November 28, 2022, including the following matters…
Under the Planning Act:
- Removal of third-party appeal rights for consent and minor variance applications, unless the third party is a “specified person” under the Planning Act;
- Removal of requirements for public meetings on draft plans of subdivision;
- Removal of two-year suspension periods to amend official plans, secondary plans, comprehensive zoning by-laws, and to bring minor variance applications for newly adopted zoning by-laws;
- Exemption for land lease communities from subdivision and part-lot control if site plan approval obtained (unless community is in the greenbelt);
- Most parkland dedication changes except for certain matters specified below;
- Exemptions for developments up to 10 residential units from site plan control;
- Changes to regulation of exterior design under site plan;
- As of right permissions for up to three residential units per lot; and
- Introduction of a time-limited incentive for zoning by-law amendments enacted to implement approved official plan policies for Protected Major Transit Station Areas.
Under the Development Charges Act:
- Exemptions for rental housing development;
- Exemptions for non-profit housing development;
- Exemptions for inclusionary zoning units;
- Transition periods for development charge by-laws passed after January 1, 2022; and
- Note that various other amendments described in our previous article are in force, but only apply to future development charges by-laws.
What’s Still to Come
The following changes have received approval of the legislature, but are not yet in force…
Under the Planning Act:
- Removal of upper-tier approval authority;
- Community benefit charges exemption for affordable housing;
- Reductions to the rate of parkland dedication required for affordable, attainable, or otherwise exempt units;
- Parkland dedications of encumbered lands; and
- Minister’s power to amend official plans if they are of the opinion the official plan may adversely affect a matter of provincial interest.
Under the Development Charges Act:
- New definitions of affordable and attainable residential units; and
- Exemptions for affordable and attainable residential units from development charges, where they are not part of an inclusionary zoning contribution.
Under the Ontario Land Tribunal Act:
- All changes proposed.
Dozens of consultations related to Bill 23 remain ongoing. These include proposals for:
- Consolidation of the Provincial Policy Statement, 2020 and Growth Plan (Consultation open until December 30, 2022);
- Cap to inclusionary zoning (Consultation open until December 9, 2022);
- Most changes to the Ontario Heritage Act (Consultation open until December 9, 2022), which following consultation may come into force as early as January 1, 2023; and
- Rental housing replacement requirements (Consultation open until December 9, 2022).
It is expected that further significant legislative changes will be brought forward following the end of these consultations.