Planning Act

ONTARIO REGULATION 299/19

ADDITIONAL RESIDENTIAL UNITS

Consolidation Period:  From November 20, 2024 to the e-Laws currency date.

Last amendment: 462/24.

Legislative History: 593/22, 462/24.

This is the English version of a bilingual regulation.

Definitions

1. (1) In this Regulation,

“angular plane” means an imaginary flat surface projecting over a parcel of land at an inclined angle measured up from the horizontal; (“plan angulaire”)

“floor space index” means the sum of the total area of each floor of all buildings and structures on a parcel of land divided by the area of the parcel; (“rapport plancher-sol”)

“primary residential unit” means the primary residential unit in a detached house, semi-detached house or rowhouse where the house is situated on a parcel of land containing an additional residential unit; (“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”) O. Reg. 299/19, s. 1; O. Reg. 593/22, s. 1; O. Reg. 462/24, s. 1 (1-3).

(2) This Regulation applies to the following additional residential units:

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

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

3. A residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. O. Reg. 462/24, s. 1 (4).

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.

Requirements and standards — buildings and structures on parcels of urban residential land

4. (1) The following requirements and standards are established with respect to buildings or structures that contain additional residential units and that are located on parcels of urban residential land:

1. Subject to any maximum height and minimum setback requirements in a by-law passed under section 34 of the Act applicable to the building or structure, the building or structure may penetrate any angular plane that is described in the by-law in respect of the building or structure.

2. The building or structure shall be at least 4 metres from another building or structure on the parcel if the other building or structure contains a residential unit. O. Reg. 462/24, s. 2.

By-law prevails

(2) A by-law passed under section 34 of the Act that permits buildings or structures to be less than 4 metres from one another prevails over the requirement set out in paragraph 2 of subsection (1) of this section. O. Reg. 462/24, s. 2.

Requirements and standards — parcels of urban residential land

5. (1) The following requirements and standards are established with respect parcels of urban residential land on which additional residential units are located:

1. Up to 45 per cent of the surface of the parcel is permitted to be covered by buildings and structures.

2. Subject to any maximum height and minimum setback requirements in a by-law passed under section 34 of the Act applicable to buildings and structures on the parcel, there is no limit to the floor space index of the parcel.

3. The minimum area of the parcel is the minimum area that would be required in a by-law passed under section 34 of the Act in respect of the same parcel if no additional residential units were located on the parcel. O. Reg. 462/24, s. 2.

By-law prevails

(2) A by-law passed under section 34 of the Act that permits more than 45 per cent of the surface of the parcel to be covered by buildings and structures prevails over the requirement set out in paragraph 1 of subsection (1) of this section. O. Reg. 462/24, s. 2.