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ontario regulation 454/19

made under the

Development Charges Act, 1997

Made: December 12, 2019
Filed: December 19, 2019
Published on e-Laws: December 20, 2019
Printed in The Ontario Gazette: January 4, 2020

Amending O. Reg. 82/98

(GENERAL)

1. Sections 2 and 2.1 of Ontario Regulation 82/98 are revoked and the following substituted:

Exception Relating to the Creation of Additional Dwelling Units

2. (1) For the purposes of clause 2 (3) (b) of the Act, the following Table sets out the name and description of the classes of existing residential buildings that are prescribed, the maximum number of additional dwelling units that are prescribed for buildings in those classes and the restrictions for each class.

Table

Item

Name of Class of Existing Residential Building

Description of Class of Existing Residential Buildings

Maximum Number of Additional Dwelling Units

Restrictions

1.

Existing single detached dwellings

Existing residential buildings, each of which contains a single dwelling unit, that are not attached to other buildings.

Two

The total gross floor area of the additional dwelling unit or units must be less than or equal to the gross floor area of the dwelling unit already in the building.

2.

Existing semi-detached dwellings or row dwellings

Existing residential buildings, each of which contains a single dwelling unit, that have one or two vertical walls, but no other parts, attached to other buildings.

One

The gross floor area of the additional dwelling unit must be less than or equal to the gross floor area of the dwelling unit already in the building.

3.

Existing rental residential buildings

Existing residential rental buildings, each of which contains four or more dwelling units.

Greater of one and 1% of the existing units in the building

None

4.

Other existing residential buildings

An existing residential building not in another class of residential building described in this table.

One

The gross floor area of the additional dwelling unit must be less than or equal to the gross floor area of the smallest dwelling unit already in the building.

 

(2) For the purposes of clause 2 (3) (b) of the Act,

(a) structures ancillary to the classes of residential buildings prescribed under subsection (1) are prescribed; and

(b) the maximum number of additional dwelling units and any restrictions prescribed under subsection (1) apply whether an additional dwelling unit is in the residential building or a structure ancillary to it.

(3) For the purposes of subsection 2 (3.1) of the Act, the following Table sets out the name and description of the classes of proposed new residential buildings that are prescribed and the restrictions for each class.

Table

Item

Name of Class of Proposed New Residential Buildings

Description of Class of Proposed New Residential Buildings

Restrictions

1.

Proposed new detached dwellings

Proposed new residential buildings that would not be attached to other buildings and that are permitted to contain a second dwelling unit, that being either of the two dwelling units, if the units have the same gross floor area, or the smaller of the dwelling units.

The proposed new detached dwelling must only contain two dwelling units.

The proposed new detached dwelling must be located on a parcel of land on which no other detached dwelling, semi-detached dwelling or row dwelling would be located.

2.

Proposed new semi-detached dwellings or row dwellings

Proposed new residential buildings that would have one or two vertical walls, but no other parts, attached to other buildings and that are permitted to contain a second dwelling unit, that being either of the two dwelling units, if the units have the same gross floor area, or the smaller of the dwelling units.

The proposed new semi-detached dwelling or row dwelling must only contain two dwelling units.

The proposed new semi-detached dwelling or row dwelling must be located on a parcel of land on which no other detached dwelling, semi-detached dwelling or row dwelling would be located.

3.

Proposed new residential buildings that would be ancillary to a proposed new detached dwelling, semi-detached dwelling or row dwelling

Proposed new residential buildings that would be ancillary to a proposed new detached dwelling, semi-detached dwelling or row dwelling and that are permitted to contain a single dwelling unit.

The proposed new detached dwelling, semi-detached dwelling or row dwelling, to which the proposed new residential building would be ancillary, must only contain one dwelling unit.

The gross floor area of the dwelling unit in the proposed new residential building must be equal to or less than the gross floor area of the detached dwelling, semi-detached dwelling or row dwelling to which the proposed new residential building is ancillary.

 

(4) In subsection (3),

“parcel of land” means a lot or block within a registered plan of subdivision or draft plan of subdivision or any land that may be legally conveyed under the exemption provided in clause 50 (3) (b) or clause 50 (5) (a) of the Planning Act.

2. Section 7 of the Regulation is revoked and the following substituted:

7. The Statistics Canada Non-residential Building Construction Price Index for Ottawa-Gatineau or for Toronto, as appropriate, is prescribed for the purposes of paragraph 10 of subsection 5 (1) of the Act.

3. (1) The Regulation is amended by adding the following section:

Types of Development

11.1 (1) For the purposes of subsection 26.1 (2) of the Act, rental housing development means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises.

(2) For the purposes of subsection 26.1 (2) of the Act, institutional development means development of a building or structure intended for use,

(a) as a long-term care home within the meaning of subsection 2 (1) of the Long-Term Care Homes Act, 2007;

(b) as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010;

(c) by any of the following post-secondary institutions for the objects of the institution:

(i) a university in Ontario that receives direct, regular and ongoing operating funding from the Government of Ontario,

(ii) a college or university federated or affiliated with a university described in subclause (i), or

(iii) an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017;

(d) as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion; or

(e) as a hospice to provide end of life care.

(3) For the purposes of subsection 26.1 (2) of the Act, non-profit housing development means development of a building or structure intended for use as residential premises by,

(a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing;

(b) a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; or

(c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act.

(2) Clause 11.1 (3) (a) of the Regulation, as made by subsection (1), is amended by striking out “without share capital to which the Corporations Act applies” and substituting “to which the Not-for-Profit Corporations Act, 2010 applies”.

4. The Regulation is amended by adding the following section:

Time Elapsed

11.2 For the purposes of clauses 26.2 (5) (a) and (b) of the Act, the prescribed amount of time is two years.

Commencement

5. (1) Subject to subsections (2) to (4), this Regulation comes into force on the day it is filed.

(2) Section 1 comes into force on the later of the day section 2 of Schedule 3 to the More Homes, More Choice Act, 2019 comes into force and the day this Regulation is filed.

(3) Subsection 3 (1) and section 4 come into force on the later of the day subsection 8 (1) of Schedule 3 to the More Homes, More Choice Act, 2019 comes into force and the day this Regulation is filed.

(4) Subsection 3 (2) comes into force on the latest of,

(a) the day subsection 8 (1) of Schedule 3 to the More Homes, More Choice Act, 2019 comes into force;

(b) the day subsection 3 (1) of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force; and

(c) the day this Regulation is filed.

 

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