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O. Reg. 299/19: ADDITIONAL RESIDENTIAL UNITS

under Planning Act, R.S.O. 1990, c. P.13

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Versions
current September 3, 2019 (e-Laws currency date)
August 29, 2019 September 2, 2019

Planning Act

ONTARIO REGULATION 299/19

ADDITIONAL RESIDENTIAL UNITS

Historical version for the period August 29, 2019 to September 2, 2019.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on September 3, 2019, the day subsection 2 (1) of Schedule 12 to the More Homes, More Choice Act, 2019 comes into force.

No amendments.

This is the English version of a bilingual regulation.

Definitions

1. In this regulation,

“additional residential unit” means an additional residential unit referred to in subsection 16 (3) of the Act; (“unité d’habitation supplémentaire”)

“primary residential unit” means the primary residential unit in a detached house, semi-detached house or rowhouse referred to in subsection 16 (3) of the Act; (“unité d’habitation principale”)

“tandem parking space” means a parking space that can only be accessed by passing through another parking space from a street, lane or driveway. (“place de stationnement en tandem”)

Requirements and standards — additional residential units

2. The following requirements and standards are established with respect to additional residential units:

1. Each additional residential unit shall have one parking space that is provided and maintained for the sole use of the occupant of the additional residential unit, subject to paragraph 2.

2. Where a by-law passed under section 34 of the Act does not require a parking space to be provided and maintained for the sole use of the occupant of the primary residential unit, a parking space is not required to be provided and maintained for the sole use of the occupant of either additional residential unit.

3. A parking space that is provided and maintained for the sole use of the occupant of an additional residential unit may be a tandem parking space.

4. An additional residential unit may be occupied by any person regardless of whether,

i. the person who occupies the additional residential unit is related to the person who occupies the primary residential unit, and

ii. the person who occupies either the primary or additional residential unit is the owner of the lot.

5. Where the use of additional residential units is authorized, an additional residential unit is permitted regardless of the date of construction of the primary residential unit.

By-law prevails

3. A by-law passed under section 34 of the Act that requires that no parking space be provided and maintained for the sole use of the occupant of one or both additional residential units prevails over the requirement set out in paragraph 1 of section 2.

4. Omitted (provides for coming into force of provisions of this Regulation).