ontario regulation 207/26

made under the

Planning Act

Made: June 26, 2026
Filed: June 26, 2026
Published on e-Laws: June 26, 2026
Published in The Ontario Gazette: July 11, 2026

Amending O. Reg. 509/20

(COMMUNITY BENEFITS CHARGES AND PARKLAND)

1. Section 8 of Ontario Regulation 509/20 is revoked and the following substituted:

Identification of land, prescribed requirements

8. For the purposes of identifying land in accordance with subsection 42 (4.30) of the Act, the owner of the land shall provide the following information and material in relation to the part of the land the owner proposes to be conveyed to the municipality:

1.  A plan of survey, prepared by an Ontario land surveyor licensed under the Surveyors Act, that includes the information set out in subsection 24 (1) of Ontario Regulation 216/10 (Performance Standards for the Practice of Professional Land Surveying) made under that Act.

2.  A description of any existing or proposed easements or other restrictions to which the land is, or could become, subject.

3.  A description of any existing or proposed below grade infrastructure that is encumbering, or could encumber, the land.

4.  A statement by the owner indicating whether the land meets the criteria set out in section 11.

2. Section 9 of the Regulation is revoked and the following substituted:

Notice of refusal

9. A notice provided by a municipality under subsection 42 (4.34) of the Act to refuse to accept the conveyance of land shall meet the following requirements:

1.  The notice shall be given by personal service, ordinary mail, fax or email.

2.  The notice shall be given within 20 days of the day the municipality decides to refuse to accept the conveyance of land.

3.  The notice shall include,

i.  a statement that the council of the municipality has decided to refuse to accept the conveyance of the land,

ii.  an explanation for the refusal,

iii.  a statement that the owner of the land may appeal the refusal, within 20 days of the notice being given, to the Ontario Land Tribunal by filing with the clerk of the municipality a notice of appeal accompanied by the fee charged by the Tribunal, and

iv.  the last date for filing a notice of appeal.

Record following notice of appeal

10. For the purposes of clause 42 (4.36) (a) of the Act, the following information and material shall be included in the record:

1.  A copy of the information and material set out in section 8.

2.  If applicable, a copy of the notice given under subsection 42 (4.34) of the Act.

3.  A copy of any report considered by the council relating to the land identified in accordance with subsection 42 (4.30) of the Act.

Criteria for purposes of s. 42 (4.38) of the Act

11. For the purposes of subsection 42 (4.38) of the Act, the following criteria are prescribed in relation to land identified in accordance with subsection 42 (4.30):

1.  The land does not have in it any contaminants that would pose a risk to human health.

2.  None of the land comprises any part of hazardous lands or hazardous sites, as those terms are defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act.

3.  None of the land is affected by mine hazards or oil, gas and salt hazards, as those terms are defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act.

4.  None of the land is affected by former mineral mining operations, mineral aggregate operations or petroleum resource operations, as those terms are defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act.

5.  The land does not contain and is not adjacent to any natural heritage features and areas, as that term is defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act, unless the use of the land for a park would have no negative impacts on the feature or area.

6.  The land will contain a sufficient depth and volume of soil to accommodate trees.

7.  The land does not contain any liens, charges or other financial encumbrances that will not be removed before being conveyed to the municipality.

8.  The land will be available to the public at all times, subject to any rules the municipality may choose to put in place.

9.  The land will be visible from municipal or other publicly-owned land.

10.  The land will be accessible by all users directly from municipal or other publicly-owned land.

11.  The land is of a size and shape that is appropriate for park or other public recreational purposes.

12.  The land identified in accordance with subsection 42 (4.30) of the Act is not located in the Greenbelt Area, unless the land proposed for development or redevelopment is in the Greenbelt Area.

13.  If the land is within the Greenbelt Area, its use as a park would conform with the Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan, as applicable.

Commencement

3. This Regulation comes into force on the later of the day subsection 12 (15) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force and the day this Regulation is filed.

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

Rob Flack

Minister of Municipal Affairs and Housing

Date made: June 26, 2026
Pris le : 26 juin 2026