Cutting Red Tape to Build More Homes Act, 2024, S.O. 2024, c. 16 - Bill 185, Cutting Red Tape to Build More Homes Act, 2024, S.O. 2024, c. 16
EXPLANATORY NOTE
This Explanatory Note was written as a reader’s aid to Bill 185 and does not form part of the law. Bill 185 has been enacted as Chapter 16 of the Statutes of Ontario, 2024.
SCHEDULE 1
AN ACT TO INCORPORATE THE TRINITY COLLEGE SCHOOL
The Schedule amends An Act to incorporate the Trinity College School to state that the corporation has the capacity, rights, powers and privileges of a natural person and to make certain changes to the membership of the governing body of the school.
SCHEDULE 2
ARTS COUNCIL ACT
The Schedule amends the Arts Council Act by changing the name of the Council from the Province of Ontario Council for the Arts to the Ontario Arts Council. The Schedule also replaces the definition of Minister in section 1.
SCHEDULE 3
BUILDING OPPORTUNITIES IN THE SKILLED TRADES ACT, 2021
The Building Opportunities in the Skilled Trades Act, 2021 is amended to permit the Registrar to delegate their powers and duties to employees of the Corporation.
SCHEDULE 4
CITY OF TORONTO ACT, 2006
The Schedule amends the City of Toronto Act, 2006. Here are some highlights:
1. A new section 69.1 provides that the City may, by by-law, adopt a policy providing for the allocation of water supply and sewage capacity. Such a policy may include a system for tracking the water supply and sewage capacity available to support approved developments as well as criteria respecting the allocation of water supply and sewage capacity to development applications.
2. A new section 82.1 provides that the Lieutenant Governor in Council may make regulations authorizing the City to grant assistance, directly or indirectly, to a specified manufacturing business or other industrial or commercial enterprise during a specified period if the Lieutenant Governor in Council considers that it is necessary or desirable in the provincial interest to attract investment in Ontario.
3. Currently, subsections 114 (4) and (4.1) set out rules respecting consultations with the City before plans and draws are submitted for approval. Those subsections are repealed and, in their place, re-enacted subsection 114 (4) requires the City to permit applicants to consult with the City before submitting plans and drawings for approval.
4. Currently, subsection 114 (4.6) permits the making of a motion, within a specified timeframe, for directions to have the Ontario Land Tribunal determine whether information and material required to be provided with an application for approval of plans and drawings under subsection 114 (5) have in fact been provided or whether a requirement to provide information or material required by the official plan is reasonable. The subsection is re-enacted to provide that a motion can be made at any time after pre-request consultation has begun or the requestor has paid the application fee. Subsection 114 (4.7), which currently provides for the extension of the timeframe under subsection 114 (4.6) in certain circumstances, is repealed.
5. A new subsection 114 (11.1) permits authorized persons referred to in subsection 114 (5.1) to provide for the lapsing of approvals of plans and drawings referred to in subsection 114 (5). A new subsection 114 (11.3) of the Act permits an authorized person to provide for the lapsing of previous approvals and, if the person does so, requires the City to notify the owner of the land. A new subsection 114 (21) of the Act authorizes certain regulations in relation to subsections 114 (11.1), (11.2) and (11.3), including providing for exemptions to those provisions.
6. Subsections 114 (14.1) to (14.3), which currently provide rules respecting when the City is required to refund fees in respect of applications under section 114, are repealed. Transitional rules are provided for in new subsections 114 (21) and (22).
7. A new section 114.2 provides that a regulation made for the purposes of section 49.3 of the Planning Act may provide for the non-application of section 113 or 114 of the Act, or may set out restrictions or limitations with respect to their application, to a house or structure referred to in clause 49.3 (1) (a) or (b) of the Planning Act.
8. A new section 114.3 provides that a regulation made for the purposes of section 62.0.3 of the Planning Act may provide for the non-application of section 113 or 114 of the Act, or may set out restrictions or limitations with respect to their application, to a class of community service facilities that is prescribed for the purposes of section 62.0.3 of the Planning Act and that meets such requirements as may be prescribed for the purposes of that section.
SCHEDULE 5
CORONERS ACT
The Schedule amends the Coroners Act. Currently subsection 34 (2) of the Act requires the sheriff to provide the coroner with a list of jurors containing their names, ages, places of residence and occupations. The amendment requires the sheriff to also provide such information as may be prescribed.
SCHEDULE 6
DEVELOPMENT CHARGES ACT, 1997
Subsection 5 (3) of the Development Charges Act, 1997 is amended to add the costs of certain studies as capital costs for the purposes of section 5. Specified transition and special rules in section 5 are repealed and new transition rules with respect to the repeal of subsections 5 (7) and (8) are added.
New subsections 19 (1.1) to (1.3) provide that subsection 19 (1) of the Act does not apply to amendments to development charge by-laws in specified circumstances and new subsection 19 (1.4) governs notice of such amendments.
Currently, subsection 26.2 (5) of the Act provides that clauses 26.2 (1) (a) and (b) do not apply in respect of certain developments if more than the prescribed time has elapsed since certain applications were approved. This subsection is amended to replace the prescribed time with 18 months. Section 26.2 is also amended to add a new special rule regarding the application of the section to the City of Ottawa.
SCHEDULE 7
HAZEL MCCALLION ACT (PEEL DISSOLUTION), 2023
The Schedule amends the Hazel McCallion Act (Peel Dissolution), 2023. Here are some highlights:
1. The title of the Act is changed to the Hazel McCallion Act (Peel Restructuring), 2023.
2. Section 2, which provides for the dissolution of The Regional Municipality of Peel and the continuation of the City of Mississauga, the City of Brampton and the Town of Caledon as single-tier municipalities, is repealed.
3. Currently, subsection 3 (5) of the Act provides for the duties of the transition board, including providing recommendations to the Minister respecting the municipal restructuring required for the purposes of section 2. Amendments are made to provide that the board must provide recommendations respecting the transfer of powers, responsibilities or jurisdiction from The Regional Municipality of Peel with respect to land use planning, water and wastewater, storm water, highways and waste management.
4. Section 5 currently requires the municipalities and their local boards, when considering entering into a transaction, commitment or agreement on or after May 18, 2023 and before January 1, 2025, to act in the public interest having regard to the municipal restructuring required for the purposes of section 2, including acting in a manner that does not unreasonably impact another municipality. The section is re-enacted to require that the municipalities and their local boards must instead have regard to the transfer of powers, responsibilities or jurisdiction from The Regional Municipality of Peel with respect to the matters set out in new subsection 3 (5.1).
5. Section 9 currently limits the compensation to which persons are entitled as a result of, among other things, the enactment of the Act. The section is re-enacted to set out additional limitations on remedies.
SCHEDULE 8
LINE FENCES ACT
The Schedule amends the Line Fences Act with respect to various matters, including the following:
1. The definition of “appeals division” in subsection 1 (1) is repealed and other provisions are amended to reflect this change.
2. New section 22.1 sets out the means by which any document that is required to be served or sent and any notice that is required to be given under the Act can be served, sent or given.
3. Currently, subsections 27 (2) and (3) provide respectively that the Lieutenant Governor in Council shall appoint a referee and that the Lieutenant Governor in Council may appoint one or more deputy referees for the purposes of the Act. These subsections are amended to substitute the Lieutenant Governor in Council with the Minister.
4. Various amendments are made to provide that, in cases where the adjoining owner must be notified, the occupant of the land of the adjoining owner must also be notified.
5. Other housekeeping and consequential amendments are made.
SCHEDULE 9
MUNICIPAL ACT, 2001
The Schedule amends the Municipal Act, 2001 by adding section 86.1, which provides that a municipality may, by by-law, adopt a policy providing for the allocation of water supply and sewage capacity. Such a policy may include a system for tracking the water supply and sewage capacity available to support approved developments as well as criteria respecting the allocation of water supply and sewage capacity to development applications.
The Schedule also amends the Act by adding section 106.1. Section 106.1 provides that the Lieutenant Governor in Council may make regulations authorizing a municipality to grant assistance, directly or indirectly, to a specified manufacturing business or other industrial or commercial enterprise during a specified period if the Lieutenant Governor in Council considers that it is necessary or desirable in the provincial interest to attract investment in Ontario.
SCHEDULE 10
NIAGARA PARKS ACT
The Schedule amends the Niagara Parks Act. Subsection 3 (2) of the Act is amended to remove the requirement that the members of the Commission appointed by the council of a municipality be appointed annually. The new subsection 3 (3) provides that those members shall hold office for a term determined by the council that appointed them and that any such term shall not exceed the term of the council that appointed them.
SCHEDULE 11
ONTARIO ENERGY BOARD ACT, 1998
The Schedule amends the Ontario Energy Board Act, 1998. Currently, subsection 90 (2) of the Act provides that the requirement to obtain leave to construct does not apply to the relocation or reconstruction of a hydrocarbon line unless the size of the line is changed or the acquisition of additional land or authority to use additional land is necessary. The subsection is re-enacted to provide that the requirement to obtain leave to construct applies to the relocation or reconstruction of a hydrocarbon line only if the conditions prescribed by the regulations are met. A complementary re-enactment of subsection 92 (2) of the Act is made.
SCHEDULE 12
PLANNING ACT
The Schedule makes various amendments to the Planning Act. Here are some highlights:
1. The definition of “public body” in subsection 1 (1) of the Act is amended to include a hospital as defined in section 1 of the Public Hospitals Act. The definition of “specified person” in that subsection is amended to include several other persons.
2. Currently, the Act provides for two different classes of upper-tier municipalities, those which have planning responsibilities and those which do not. Amendments are made to provide that the Regional Municipality of Peel, the Regional Municipality of Halton and the Regional Municipality of York become upper-tier municipalities without planning responsibilities on July 1, 2024 and to provide that four other specified upper-tier municipalities will be upper-tier municipalities without planning responsibilities on dates to be named by proclamation of the Lieutenant Governor. Other related amendments are made in the Act.
3. New subsections 16 (22) to (24) limit the ability of official plans to contain policies requiring an owner to provide or maintain parking facilities within protected major transit station areas, certain other areas surrounding and including an existing or planned higher order station or stop and other prescribed areas. Related amendments are made to section 34.
4. Currently, subsection 17 (24) of the Act permits a person to appeal the adoption of an official plan if the person has, before the municipality adopted the plan, made oral submissions at a public meeting or written submissions to the municipality. Amendments are made to provide that a person must be a specified person. The subsection is also amended to permit the registered owner of land to which the plan would apply to appeal the adoption of an official plan, if that owner has, before the municipality adopted the plan, made oral submissions at a public meeting or written submissions to the municipality. New subsections 17 (24.0.1) to (24.0.4) provide for transitional rules. Similar amendments are made to appeal rights under subsections 17 (36) and 34 (19).
5. Currently, subsection 22 (3.1) of the Act requires a council or planning board to allow applicants who wish to do so to consult with the municipality or planning board before submitting a request to amend an official plan and authorizes a council or planning board to pass a by-law requiring applicants to consult with the municipality or planning board before submitting such a request. The re-enacted subsection does not include the authority for a council or planning board to pass a by-law requiring consultation. Similar amendments are made to sections 34, 41 and 51.
6. Currently, subsection 22 (6.2) of the Act permits the making of a motion, within a specified timeframe, for directions to have the Ontario Land Tribunal determine whether information and material required to be provided with a request for an official plan amendment have in fact been provided or whether a requirement to provide information or material required by the official plan is reasonable. The subsection is re-enacted to provide that a motion can be made at any time after pre-request consultation has begun or the requestor has paid the application fee. Subsection 22 (6.3), which currently provides for the extension of the timeframe under subsection 22 (6.2) in certain circumstances, is repealed. Similar amendments are made to sections 34, 41 and 51.
7. Currently, subsection 22 (7.1) provides that there is no appeal under subsection (7) in respect of the refusal or failure to adopt or approve an official plan amendment described in subsection 22 (7.2). Clause 22 (7.2) (a) of the Act currently describes amendments that propose to alter all or any part of the boundary of an area of settlement in a municipality. The clause is re-enacted to describe an alteration of the boundary of an area of settlement in a municipality if, as a result of the alteration, any land in the Greenbelt Area would be included in the area of settlement. A similar amendment is made to clause 34 (11.0.4) (a).
8. Subsections 34 (10.12) to (10.14) of the Act, which currently provide rules respecting when municipalities are required to refund fees in respect of applications under that section, are repealed. Transitional rules are provided for in new subsections 34 (35) and (36). Similar amendments are made to section 41.
9. Section 34.1 currently provides for Minister’s orders that are made at the request of a municipality. The section is repealed and re-enacted to provide a transition rule respecting orders that were previously made under the section.
10. Currently, subsection 35.1 (2) authorizes the Minister to make regulations establishing requirements and standards with respect to a second or third residential unit in a detached house, semi-detached house or rowhouse and with respect to a residential unit in a building or structure ancillary to such a house. The subsection is re-enacted to authorize regulations establishing requirements and standards with respect to any additional residential units in a detached house, semi-detached house or rowhouse, a residential unit in a building or structure ancillary to such a house, a parcel of land where such residential units are located or a building or structure within which such residential units are located.
11. A new subsection 41 (7.1) permits authorized persons referred to in subsection 41 (4.0.1) to provide for the lapsing of approvals of plans and drawings referred to in subsection 41 (4). A new subsection 41 (7.3) permits an authorized person to provide for the lapsing of previous approvals and, if the person does so, requires the municipality to notify the owner of the land. Amendments are made to subsection 70.1 (1) to authorize certain regulations in relation to subsections 41 (7.1), (7.2) and (7.3), including providing for exemptions to those provisions.
12. A new section 49.3 of the Act authorizes regulations that provide for the non-application of any provision of Part V or a regulation under section 70.2, or setting out restrictions or limitations with respect to its application, to houses and ancillary structures meeting prescribed criteria.
13. Currently, subsection 51 (32) permits an approval authority to provide for the lapsing of an approval to a draft plan of subdivision. The subsection is re-enacted to, among other things, require approval authorities to provide for the lapsing of such approvals. New subsection 51 (33.4) deals with the lapsing of approvals that were given on or before March 27, 1995. Amendments are made to subsection 70.1 (1) to authorize certain regulations in relation to subsections 51 (32), (32.1) and (33.4), including providing for exemptions to those provisions.
14. A new section 62.0.2 is added to the Act to exempt undertakings of certain classes of post-secondary institutions from the Act and sections 113 and 114 of the City of Toronto Act, 2006.
15. A new section 62.0.3 of the Act authorizes regulations that provide for the non-application of any provision of the Act or a regulation made under section 70.2, or setting out restrictions or limitations with respect to its application, to prescribed classes of community service facilities that meet prescribed requirements.
16. Section 70.3 of the Act currently permits the making of regulations that authorize municipalities to pass by-laws establishing a system for allocating sewage and water services to land that is subject to an application under section 51. The section is repealed.
SCHEDULE 13
POET LAUREATE OF ONTARIO ACT (IN MEMORY OF GORD DOWNIE), 2019
The Schedule amends subclause 2 (a) (iii) of the Poet Laureate of Ontario Act (In Memory of Gord Downie), 2019 to change the reference to the Province of Ontario Council for the Arts to the Ontario Arts Council.
SCHEDULE 14
REDEEMER REFORMED CHRISTIAN COLLEGE ACT, 1998
The Schedule amends the Redeemer Reformed Christian College Act, 1998. Section 4 is amended to reduce the size of the board of governors to not fewer than 11 and not more than 15 persons, and other related amendments are made.
SCHEDULE 15
UNIVERSITÉ DE HEARST ACT, 2021
The Schedule amends the Université de Hearst Act, 2021 to change the composition of the board of governors of the University.
chapter 16
An Act to amend various Acts
Assented to June 6, 2024
CONTENTS
| |
Contents of this Act | |
Commencement | |
Short title | |
An Act to incorporate the Trinity College School | |
Arts Council Act | |
Building Opportunities in the Skilled Trades Act, 2021 | |
City of Toronto Act, 2006 | |
Coroners Act | |
Development Charges Act, 1997 | |
Hazel McCallion Act (Peel Dissolution), 2023 | |
Line Fences Act | |
Municipal Act, 2001 | |
Niagara Parks Act | |
Ontario Energy Board Act, 1998 | |
Planning Act | |
Poet Laureate of Ontario Act (In Memory of Gord Downie), 2019 | |
Redeemer Reformed Christian College Act, 1998 | |
Université de Hearst Act, 2021 |
The Government of Ontario:
Is reducing red tape and removing costly burdens in order to make government work better for the families, business owners, municipalities and workers who are building Ontario.
Understands that unnecessary red tape too often delays shovels from getting in the ground, making it more expensive and time-consuming to build badly-needed homes.
Recognizes the urgent need to tackle the housing supply crisis and get at least 1.5 million homes built by 2031 in partnership with municipalities.
Is building on its previous actions to cut red tape with a variety of measures that will save people and businesses time and money, including by improving how people and businesses access government services, streamlining municipal approvals and reducing costs to build more homes, prioritizing infrastructure for housing projects that are ready to go, providing certainty once a decision is made and building homes faster for more people.
Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Contents of this Act
1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.
Commencement
2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.
(2) The Schedules to this Act come into force as provided in each Schedule.
(3) If a Schedule to this Act provides that any of its provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.
Short title
3 The short title of this Act is the Cutting Red Tape to Build More Homes Act, 2024.
SCHEDULE 1
AN ACT TO INCORPORATE THE TRINITY COLLEGE SCHOOL
1 Section 1 of An Act to incorporate the Trinity College School, Statutes of Ontario 1872, chapter 111, as amended by the Trinity College School Act, 1932, is amended by striking out the portion after “under the name of the corporation of “Trinity College School;”” and substituting the following:
and the said corporation shall have perpetual succession, the capacity, rights, powers and privileges of a natural person and a common seal, and shall have power to add to the numbers and appoint the successors of the aforesaid, by election or otherwise, as may by the said corporation be determined upon.
2 Section 3 of the Act, as amended by the Trinity College School Act, 1932, is repealed and the following substituted:
3 The governing body of the said school shall consist of such and so many persons as shall be appointed from time to time as occasion may require, in such manner and for such term as may be provided in the by-laws, rules and regulations of the said governing body.
Commencement
3 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
1 (1) The definition of “Council” in section 1 of the Arts Council Act is repealed and the following substituted:
“Council” means the Ontario Arts Council; (“Conseil”)
(2) The definition of “Minister” in section 1 of the Act is repealed and the following substituted:
“Minister” means the Minister of Tourism, Culture and Sport or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act. (“ministre”)
2 Section 2 of the Act is amended by striking out “the name of Province of Ontario Council for the Arts in English and under the name of Conseil des arts de la province de l’Ontario in French” at the end and substituting “the name of Ontario Arts Council in English and under the name of Conseil des arts de l’Ontario in French”.
Commencement
3 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 3
BUILDING OPPORTUNITIES IN THE SKILLED TRADES ACT, 2021
1 Section 46 of the Building Opportunities in the Skilled Trades Act, 2021 is amended by adding the following subsection:
Delegation to employee
(4) Where, under this Act or the regulations, any power or duty is granted to or vested in the Registrar, the Registrar may, in writing, delegate that power or duty from time to time to any employee in the Corporation, subject to such limitations, restrictions, conditions and requirements as the Registrar may set out in the delegation.
Commencement
2 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 4
CITY OF TORONTO ACT, 2006
1 The City of Toronto Act, 2006 is amended by adding the following section:
Water supply and sewage capacity
69.1 (1) Without limiting sections 7 and 8, the City may, by by-law, adopt a policy providing for the allocation of water supply and sewage capacity, which may include the following:
1. A system for tracking the water supply and sewage capacity available to support approved developments.
2. The criteria used to determine,
i. the circumstances for when allocation of water supply and sewage capacity is assigned to an approved development,
ii. the circumstances for when the allocation of water supply and sewage capacity is withdrawn, and
iii. the circumstances for when an approved development, after having its allocation of water supply and sewage capacity withdrawn, may be reallocated water supply and sewage capacity.
Same
(2) A by-law described in subsection (1) may provide that the policy set out in the by-law applies to the entire City or applies differently to different geographic areas within the City.
Determination to be made by officer, etc.
(3) If the City has passed a by-law described in subsection (1), the administration of the policy must be assigned to an officer, employee or agent of the City, and any decision made by that person under the policy must be final.
Transition
(4) Subsection (3) does not apply to a policy of a City that provides for any of the things described in paragraph 2 of subsection (1) if the by-law setting out the policy was passed before the day section 1 of Schedule 4 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force.
Regulations, exemptions
(5) The Minister may make regulations that exempt an approved development or a class of approved developments from any provision of a by-law described in subsection (1), or the entire by-law, that is passed by the City.
Definition
(6) In this section,
“approved development” means a development application which has been given approval under the Planning Act.
2 The Act is amended by adding the following section:
Authority to grant assistance
82.1 (1) If the Lieutenant Governor in Council considers that, despite section 82, it is necessary or desirable in the provincial interest to attract investment in Ontario, the Lieutenant Governor in Council may make regulations authorizing the City to grant assistance, directly or indirectly, to a specified manufacturing business or other industrial or commercial enterprise during a specified period, and governing the granting of the assistance, including,
(a) setting out the types of assistance that may be granted;
(b) imposing restrictions, limits or conditions on the granting of the assistance, including providing that specified assistance may only be granted with respect to specified areas within the City; and
(c) specifying conditions that must be met before the assistance may be granted.
Regulation prevails
(2) In the event of a conflict between a regulation made under subsection (1) and the Development Charges Act, 1997, the regulation prevails.
Procedural requirements inapplicable
(3) If the City is authorized to grant assistance by a regulation made under subsection (1), it is not required to comply with any procedural requirements that would otherwise apply under the Building Code Act, 1992 and the Development Charges Act, 1997 in connection with the granting of a total or partial exemption from a levy, charge or fee.
3 (1) Subsections 114 (4) and (4.1) of the Act are repealed and the following substituted:
Consultations
(4) The City shall permit applicants to consult with the City before submitting plans and drawings for approval under subsection (5).
(2) Subsections 114 (4.6) and (4.7) of the Act are repealed and the following substituted:
Motion re dispute
(4.6) At any time after the applicant has begun to consult with the City before submitting plans and drawings for approval under subsection (4) or after the applicant has paid any fee required under section 69 of the Planning Act, the applicant or the City may make a motion for directions to have the Ontario Land Tribunal determine,
(a) whether the plans and drawings and the information and material have in fact been provided; or
(b) whether a requirement made under subsection (4.3) is reasonable.
(3) Section 114 of the Act is amended by adding the following subsections:
Lapse of approval
(11.1) Subject to the regulations, in approving the plans and drawings referred to in subsection (5), the authorized person referred to in subsection (5.1) may provide that the approval lapses at the expiration of the time period specified by the authorized person, in accordance with subsection (11.2), and the approval shall lapse at the expiration of the time period. However, the approval shall not lapse if, before it has lapsed, a permit is issued under section 8 of the Building Code Act, 1992 to implement the site plan approval.
Same, time period
(11.2) For the purposes of subsection (11.1), the time period specified by the authorized person shall not,
(a) be less than such prescribed time period as may be applicable to the development;
(b) exceed such prescribed time period as may applicable to the development; or
(c) be less than three years, if a prescribed time period under clause (a) or (b) does not apply with respect to the development.
Same, approval
(11.3) Subject to the regulations, if an authorized person has approved plans or drawings referred to in subsection (5) before the day subsection 3 (3) of Schedule 4 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, the authorized person may provide that the approval lapses in accordance with subsections (11.1) and (11.2) of this section and, if the authorized person does so, the City shall notify the owner of the land of the change to the approval.
(4) Subsections 114 (14.1) to (14.3) of the Act are repealed.
(5) Section 114 of the Act is amended by adding the following subsections:
Same — refund of fee
(21) Subject to subsection (22), subsections (14.1) to (14.3), as they read immediately before their repeal by subsection 3 (4) of Schedule 4 to the Cutting Red Tape to Build More Homes Act, 2024, continue to apply to plans and drawings referred to in subsection (5) that are received before the day subsection 3 (4) of Schedule 4 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force.
Same
(22) If the City has not approved the plans and drawings before the day subsection 3 (4) of Schedule 4 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, any refund of fees required under subsection (14.1), as it read immediately before its repeal, shall be determined as though an approval had been granted on that day.
Regulations
(23) The Minister may make regulations,
(a) prescribing a development or one or more classes of development to which subsections (11.1) and (11.2) do not apply;
(b) prescribing time periods for the purposes of clauses (11.2) (a) or (b), including providing for a specific time period that applies to a particular development or providing for different time periods that apply with respect to different classes of development;
(c) prescribing a development or one or more classes of development to which subsection (11.3) does not apply.
4 The Act is amended by adding the following sections:
Non-application of s. 113 or 114 — houses, etc. on a parcel of urban residential land
114.2 A regulation made for the purposes of section 49.3 of the Planning Act may provide that section 113 or 114 of this Act does not apply, or may set out restrictions or limitations with respect to their application, to a house or structure referred to in clause 49.3 (1) (a) or (b) of the Planning Act.
Non-application of s. 113 or 114 — community service facilities
114.3 A regulation made for the purposes of section 62.0.3 of the Planning Act may provide that section 113 or 114 of this Act does not apply, or may set out restrictions or limitations with respect to their application, to a class of community service facilities that is prescribed for the purposes of section 62.0.3 of the Planning Act and that meets such requirements as may be prescribed for the purposes of that section.
Commencement
5 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
1 Subsection 34 (2) of the Coroners Act is repealed and the following substituted:
Same
(2) Upon receipt of the warrant, the sheriff shall provide the list containing names of persons in the number specified by the coroner, taken from the jury roll prepared under the Juries Act, together with their ages, places of residence, occupations and such other information as may be prescribed.
2 Subsection 56 (2) of the Act is amended by adding the following clause:
(c.1) prescribing information that shall be provided by the sheriff under subsection 34 (2);
Commencement
3 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 6
DEVELOPMENT CHARGES ACT, 1997
1 (1) Subsection 5 (3) of the Development Charges Act, 1997 is amended by adding the following paragraphs:
5. Costs to undertake studies in connection with any of the matters referred to in paragraphs 1 to 4.
6. Costs of the development charge background study required under section 10.
(2) Subsection 5 (3.1) of the Act is repealed.
(3) Paragraph 4 of subsection 5 (6) of the Act is repealed.
(4) Subsections 5 (7) to (9) of the Act are repealed and the following substituted:
Transition, repeal of subss. (7) and (8)
(7) Subsections (7) and (8) as they read immediately before the day subsection 1 (4) of Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into force continue to apply to a development charge imposed on or after November 28, 2022 and before the day subsection 1 (4) of Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into force.
Same
(8) For the purposes of subsection (7), a development charge is deemed to be imposed on the day referred to in subsection 26.2 (1) that applies to the development charge.
2 (1) Section 19 of the Act is amended by adding the following subsections:
Amendments to extend by-law
(1.1) Subsection (1) does not apply to an amendment to a development charge by-law if the only effect of the amendment is to repeal a provision specifying the date on which the by-law expires or to amend such a provision to provide for the by-law to expire on a later date.
Amendments re subs. 5 (3)
(1.2) Subsection (1) does not apply to an amendment to a development charge by-law if the following conditions are satisfied:
1. The development charge by-law being amended was passed on or after November 28, 2022 and before the day subsection 1 (1) of Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into force.
2. The amendment is passed within six months after the day subsection 1 (1) of Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into force.
3. The only effect of the amendment is to impose development charges to pay for the capital costs described in paragraphs 5 and 6 of subsection 5 (3) if development charges are permitted under the Act.
Amendments re subs. 5 (6)
(1.3) Subsection (1) does not apply to an amendment to a development charge by-law if the following conditions are satisfied:
1. The development charge by-law being amended was passed on or after November 28, 2022 and before the day subsection 1 (3) of Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into force.
2. The amendment is passed within six months after the day subsection 1 (3) of Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into force.
3. The only effect of the amendment is to change the rules developed pursuant to paragraph 9 of subsection 5 (1) to increase a development charge imposed during the first four years that the by-law is in force to the amount that could have been charged if paragraph 4 of subsection 5 (6) had not been in force at the time the by-law was passed.
Notice
(1.4) The clerk of a municipality that passed an amendment referred to in subsection (1.1), (1.2) or (1.3) shall give written notice of the passing of the amendment and subsections 13 (2) to (4) apply, with necessary modifications, to the notice.
(2) Subsections 19 (1.2) to (1.4) of the Act, as enacted by subsection 2 (1), are repealed and the following substituted:
Notice
(1.2) The clerk of a municipality that passed an amendment referred to in subsection (1.1) shall give written notice of the passing of the amendment and subsections 13 (2) to (4) apply, with necessary modifications, to the notice.
3 (1) Subsection 26.2 (5) of the Act is amended by striking out “the prescribed amount of time” wherever it appears and substituting in each case “18 months”.
(2) Section 26.2 of the Act is amended by adding the following subsection:
Same, transition
(5.1) Subsection (5) as it read before the day subsection 3 (1) of Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into force continues to apply to a development in respect of which the application referred to in clause (1) (a) or (b) was approved before the day subsection 3 (1) of Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into force.
(3) Section 26.2 of the Act is amended by adding the following subsection:
Special rule, City of Ottawa
(8) If an application referred to in clause (1) (a) or (b) is made to the City of Ottawa between May 14, 2024 and the day that is 15 days after the day subsection 3 (3) of Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, the application shall be deemed for the purposes of this section to have been made on the day that is 16 days after the day subsection 3 (3) of Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force.
Commencement
4 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
(2) Subsection 2 (2) comes into force on the day that is 7 months after the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 7
HAZEL MCCALLION ACT (PEEL DISSOLUTION), 2023
1 The title of the Hazel McCallion Act (Peel Dissolution), 2023 is repealed and the following substituted:
Hazel McCallion Act (Peel Restructuring), 2023
2 Section 2 of the Act is repealed.
3 (1) Paragraph 1 of subsection 3 (5) of the Act is repealed and the following substituted:
1. Provide recommendations to the Minister, by the date or dates directed by the Minister, respecting the transfer of powers, responsibilities or jurisdiction from The Regional Municipality of Peel with respect to the matters set out in subsection (5.1), including recommendations with respect to,
i. transferring assets of The Regional Municipality of Peel,
ii. assigning liabilities, debt and other financial obligations of The Regional Municipality of Peel,
iii. employment matters, including pension and benefit obligations,
iv. the allocation, governance, use and control of the powers, responsibilities or jurisdiction that may be transferred, including whether other entities should be established or other shared servicing arrangements would be advisable,
v. the impact on any municipality that may be affected, and
vi. any other matters that the board considers advisable or that the Minister may direct.
(2) Section 3 of the Act is amended by adding the following subsection:
Same
(5.1) The following are the matters for the purposes of paragraph 1 of subsection (5);
1. Land use planning.
2. Water and wastewater.
3. Storm water.
4. Highways.
5. Waste management.
(3) Subsection 3 (7) of the Act is amended by striking out “The members of the council” at the beginning of the portion before clause (a) and substituting “The members of the councils”.
(4) Subsection 3 (13) of the Act is amended by adding “earlier or” before “later date”.
4 Section 5 of the Act is repealed and the following substituted:
Requirement to consider public interest
5 The Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the Town of Caledon and their local boards shall, when considering entering into any transaction, commitment or agreement before such date as may be specified by the regulations, act in the public interest having regard to the transfer of powers, responsibilities or jurisdiction from The Regional Municipality of Peel with respect to the matters set out in subsection 3 (5.1), including acting in a manner that does not unreasonably impact another municipality.
5 Section 9 of the Act is repealed and the following substituted:
Limitation on remedies
9 (1) No cause of action arises against the Crown, the transition board, The Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the Town of Caledon, any current or former member of the Executive Council or any current or former employee, officer or agent of or advisor to the Crown, the transition board or The Regional Municipality of Peel, the City of Mississauga, the City of Brampton or the Town of Caledon, as a direct or indirect result of,
(a) the enactment, amendment or repeal of any provision of this Act;
(b) the making, amendment or revocation of any provision of a regulation, order, direction or recommendation or other instrument under this Act;
(c) the provision of any advice or report provided under this Act;
(d) anything done or not done in accordance with this Act, or a regulation, order, direction or recommendation or other instrument under this Act;
(e) any modification, revocation, cessation or termination of rights in real property, contractual rights or other rights resulting from anything referred to in clauses (a) to (d); or
(f) any representation or other conduct that is related, directly or indirectly, to anything referred to in clauses (a) to (d), whether the representation or other conduct occurred before or after this subsection came into force.
No remedy
(2) Except as otherwise provided under this Act, no costs, compensation or damages, including for loss of revenues or loss of profit, are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person in connection with anything referred to in subsection (1) against any person referred to in that subsection.
Proceedings barred
(3) No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person referred to in that subsection.
Application
(4) Subsection (3) does not apply with respect to an application for judicial review, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief or the enforcement of a judgment, order or award made outside Ontario.
Retrospective effect
(5) Subsections (1) to (3) apply regardless of whether the cause of action on which a proceeding is purportedly based arose before, on or after the day section 5 of Schedule 7 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force.
No costs awarded
(6) No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (3).
Aboriginal or treaty rights
(7) This section does not apply to a cause of action that arises from any aboriginal or treaty right that is recognized and affirmed by section 35 of the Constitution Act, 1982.
No expropriation or injurious affection
(8) Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
Proceedings by Crown not prevented
(9) This section does not apply with respect to proceedings brought by the Crown.
6 Subsection 10 (1) of the Act is amended by adding the following clause:
(d) specifying a date for the purposes of section 5 or specifying different dates that apply in different circumstances.
7 Sections 11 and 12 and subsection 13 (2) of the Act are repealed.
Commencement
8 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
1 (1) The definition of “appeals division” in subsection 1 (1) of the Line Fences Act is repealed.
(2) The definition of “Minister” in subsection 1 (1) of the Act is amended by striking out “Minister of Municipal Affairs and Housing” and substituting “Minister of Agriculture, Food and Rural Affairs or such other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act”.
(3) The definition of “fence-viewers” in subsection 1 (2) of the Act is amended by striking out “the owner or occupant” and substituting “the owner and occupant”.
(4) Subsection 1 (2) of the Act is amended by adding the following definition:
“in which the land is situated” means in which is situated the land of the owner and occupant notified under section 4. (“où est situé le bien-fonds”)
(5) The definition of “in which the land is situate” or “in which the land lies” in subsection 1 (2) of the Act is repealed.
2 Section 3 of the Act is amended by striking out “construct and maintain” and substituting “construct, maintain and keep up”.
3 Section 4 of the Act is repealed and the following substituted:
Owner may request fence-viewers to view and arbitrate
4 (1) If the owner of any land wishes to have a fence that marks the boundary between their land and the land of an adjoining owner constructed, repaired or reconstructed, the owner of the land may, using the prescribed form, notify the clerk of the local municipality in which the land is situated that the owner wishes fence-viewers to view and arbitrate what portion of the fence each owner shall construct, reconstruct or repair and maintain and keep up.
Service of notice
(2) When the clerk of a municipality is notified under subsection (1), the clerk shall serve notice, in the prescribed form,
(a) on the owner mentioned in subsection (1), the adjoining owner and the occupant of the land of the adjoining owner, that three fence-viewers will meet to arbitrate on the day and at the location set out in the notice; and
(b) on the fence viewers, that they are required to meet to arbitrate on the day and location set out in the notice.
Same
(3) A notice served under subsection (2) shall specify the following:
1. The day of the arbitration which shall be not more than 30 days after the day the clerk is deemed to have received notice under subsection (1) and at least one week after the notice is deemed to be served under subsection (2).
2. The location for the meeting for the arbitration.
4 Section 6 of the Act is repealed.
5 Section 7 of the Act is amended by striking out “The fence-viewers” and substituting “Three fence-viewers”.
6 (1) Clause 8 (1) (d) of the Act is amended by striking out “shall be commenced and the date by which such work”.
(2) Subsection 8 (2) of the Act is amended by striking out “locality” and substituting “area”.
7 Section 9 of the Act is repealed and the following substituted:
Deposit of award, etc.
9 (1) The award of the fence-viewers shall be deposited in the office of the clerk of the local municipality in which the land is situated and may be proved by a copy certified by the clerk, and the clerk shall send a copy of the certified award to the owners and occupants of the adjoining lands.
Where land situated in different municipalities
(2) Where the lands of the adjoining owners are situated in different local municipalities, a clerk under subsection (1) shall, immediately upon the deposit of an award in their office, send a copy which they have certified to the clerks of all other municipalities in which the lands are situated.
8 (1) Subsection 10 (1) of the Act is amended by striking out “may appeal therefrom to the referee for the appeals division” and substituting “may appeal to the referee”, by striking out “in which the land is situate” and by striking out “the owner or occupant” and substituting “the owner and occupant”.
(2) Subsection 10 (2) of the Act is repealed.
(3) Subsection 10 (3) of the Act is amended by striking out “forthwith notify the referee for the appeals division of the appeal and the referee shall forthwith” and substituting “immediately notify the referee and the referee shall immediately”.
(4) Subsection 10 (4) of the Act is amended by striking out “and a notice under this subsection shall be served in the same manner as a notice under section 4”.
(5) Subsections 10 (7) and (8) of the Act are repealed.
(6) Subsection 10 (9) of the Act is amended by striking out “by registered mail”.
(7) Subsection 10 (10) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.
9 (1) Subsection 11 (1) of the Act is amended by striking out “the first adjoining owner or the occupant” and substituting “the first adjoining owner and the occupant”.
(2) Subsection 11 (2) of the Act is repealed.
(3) Subsection 11 (6) of the Act is repealed and the following substituted:
Service of notice of amount owing
(6) If the award specifies that one adjoining owner shall pay to the designated adjoining owner a portion of the costs of the work under subclause 8 (1) (b) (ii), the designated adjoining owner shall serve notice of the amount owing in accordance with the award on the other adjoining owner and the occupant of that owner’s land, and if the amount is not paid within 28 days following the day on which the service is deemed to be made, the designated adjoining owner may institute proceedings to recover the amount and the costs of the proceedings from the other adjoining owner.
(4) Subsection 11 (8) of the Act is repealed and the following substituted:
Notice by clerk
(8) When the clerk of a municipality is notified by an owner under subsection (7), the clerk shall,
(a) immediately serve notice, in the prescribed form, on the owner and on the owner and any occupant of the adjoining land that the fence-viewers will reattend at the premises; and
(b) serve notice, in the prescribed form, on the fence-viewers at least one week before their services are required.
(5) Subsection 11 (9) of the Act is repealed and the following substituted:
Same
(9) A notice served under subsection (8) shall specify the following:
1. The day the fence-viewers are required to reattend which shall be at least one week after the notice is deemed to be served.
2. The location for the reconvening of the fence-viewers.
10 (1) Subsection 12 (1) of the Act is amended by striking out “that the adjoining owner or the occupant of the land of the adjoining owner was duly notified under subsection 11 (1) or (6), as the case may be, and has failed” and substituting “that the adjoining owner and the occupant of the land of the adjoining owner were duly notified under subsection 11 (1) or (6), as the case may be, and have failed” in the portion before clause (a).
(2) Clause 12 (1) (a) of the Act is amended by striking out “where the adjoining owner or the occupant of the land of the adjoining owner was notified” and substituting “where the adjoining owner and the occupant of the land of the adjoining owner were notified”.
(3) Clause 12 (1) (b) of the Act is amended by striking out “where the adjoining owner or the occupant of the land of the adjoining owner was notified” and substituting “where the adjoining owner and the occupant of the land of the adjoining owner were notified”.
(4) Subsection 12 (9) of the Act is amended by striking out “division” and substituting “territorial division”.
11 (1) Subsection 13 (2) of the Act is amended by striking out “on the adjoining owner or occupant” and substituting “on the adjoining owner and occupant”.
(2) Subsection 13 (3) of the Act is amended by striking out “and shall be served by an owner in the same manner as a notice to an owner or occupant is served by the clerk under section 4”.
(3) Subsection 13 (6) of the Act is amended by striking out “the date by which such action shall commence, and”.
(4) Subsection 13 (7) of the Act is amended by striking out “to the adjoining owner or the occupant” and substituting “to the adjoining owner and occupant”.
12 The English version of subsection 19 (1) of the Act is amended by striking out “construct, keep up and maintain” and substituting “construct, maintain and keep up”.
13 Clause 21 (1) (a) of the Act is repealed and the following substituted:
(a) without giving at least six months previous notice of the owner’s intention to the owner and occupant of the adjacent land unless the owner or occupant, after demand made upon the owner and occupant in writing by the owner of the fence, refuses to pay therefor the sum determined as provided by section 8; or
14 The Act is amended by adding the following section:
Service, notification, etc.
22.1 (1) Anything that is required to be served or sent and any notice that is required to be given may be served, sent or given,
(a) by prepaid mail, certified mail, registered mail or commercial courier at the last known address of the person who is to be served or sent a notice or document or who is to be given notice; or
(b) by fax or electronic means, including email, at the last known number or electronic address of the person who is to be served or sent a notice or document or who is to be given notice.
Service, notification, etc. by mail
(2) If anything is served or sent and if any notice is given pursuant to clause (1) (a), it is deemed to be served, sent or given on the fifth business day after the day of mailing or on the third business day after the commercial courier received the notice or document.
Service, notification, etc. by fax or electronic means
(3) If anything is served or sent and if any notice is given pursuant to clause (1) (b) after 4 p.m., it is deemed to be served, sent or given on the following business day.
15 Section 26 of the Act is repealed and the following substituted:
Non-application
26 This Act, except section 20, does not apply to land in an area that is subject to a by-law passed under subsection 98 (1) of the Municipal Act, 2001 or subsection 109 (1) of the City of Toronto Act, 2006, as the case may be.
16 (1) Subsection 27 (1) of the Act is repealed.
(2) Subsection 27 (2) of the Act is repealed and the following substituted:
Appointment of referee
(2) The Minister shall appoint a referee for the purposes of this Act.
(3) Subsection 27 (3) of the Act is repealed and the following substituted:
Deputy referees
(3) The Minister may appoint one or more deputy referees for the purposes of this Act and a deputy referee has the same powers and duties as a referee.
(4) Subsection 27 (4) of the Act is repealed.
(5) Subsection 27 (5) of the Act is repealed and the following substituted:
Assignment of hearings
(5) A deputy referee shall hear the appeals that are assigned to the deputy referee by a referee.
17 Subsection 28 (2) of the Act is amended by striking out “stenographic and other”.
18 Clause 30 (b) of the Act is repealed.
19 Section 31 of the Act is amended by striking out “or a person designated by the council under this Act for the purpose of giving notices”.
20 (1) The English version of the Act is amended by striking out “situate” wherever it appears and substituting in each case “situated”.
(2) The English version of the Act is amended by striking out “forthwith” wherever it appears and substituting in each case “immediately”.
Commencement
21 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 9
MUNICIPAL ACT, 2001
1 The Municipal Act, 2001 is amended by adding the following section:
Water supply and sewage capacity
86.1 (1) Without limiting sections 9, 10 and 11, a municipality may, by by-law, adopt a policy providing for the allocation of water supply and sewage capacity, which may include the following:
1. A system for tracking the water supply and sewage capacity available to support approved developments.
2. The criteria used to determine,
i. the circumstances for when allocation of water supply and sewage capacity is assigned to an approved development,
ii. the circumstances for when the allocation of water supply and sewage capacity is withdrawn, and
iii. the circumstances for when an approved development, after having its allocation of water supply and sewage capacity withdrawn, may be reallocated water supply and sewage capacity.
Same
(2) A by-law described in subsection (1) may provide that the policy set out in the by-law applies to the entire municipality or applies differently to different geographic areas within the municipality.
Determination to be made by officer, etc.
(3) If a municipality has passed a by-law described in subsection (1), the administration of the policy must be assigned to an officer, employee or agent of the municipality, and any decision made by that person under the policy must be final.
Transition
(4) Subsection (3) does not apply to a policy of a municipality that provides for any of the things described in paragraph 2 of subsection (1) if the by-law setting out the policy was passed before the day section 1 of Schedule 9 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force.
Regulations, exemptions
(5) The Minister may make regulations that exempt an approved development or a class of approved developments from any provision of a by-law described in subsection (1), or the entire by-law, that is passed by a municipality.
Definition
(6) In this section,
“approved development” means a development application which has been given approval under the Planning Act.
2 The Act is amended by adding the following section:
Authority to grant assistance
106.1 (1) If the Lieutenant Governor in Council considers that, despite section 106, it is necessary or desirable in the provincial interest to attract investment in Ontario, the Lieutenant Governor in Council may make regulations authorizing a municipality to grant assistance, directly or indirectly, to a specified manufacturing business or other industrial or commercial enterprise during a specified period, and governing the granting of the assistance, including,
(a) setting out the types of assistance that may be granted;
(b) imposing restrictions, limits or conditions on the granting of the assistance, including providing that specified assistance may only be granted with respect to specified areas within the municipality; and
(c) specifying conditions that must be met before the assistance may be granted.
Regulation prevails
(2) In the event of a conflict between a regulation made under subsection (1) and the Development Charges Act, 1997, the regulation prevails.
Procedural requirements inapplicable
(3) If a municipality is authorized to grant assistance by a regulation made under subsection (1), it is not required to comply with any procedural requirements that would otherwise apply under the Building Code Act, 1992 and the Development Charges Act, 1997 in connection with the granting of a total or partial exemption from a levy, charge or fee.
Commencement
3 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
1 (1) Subsection 3 (2) of the Niagara Parks Act is amended by striking out “annually” wherever it appears.
(2) Section 3 of the Act is amended by adding the following subsection:
Term of office
(3) The members appointed under clauses (2) (b) to (e) shall hold office for a term determined by the council that appointed them and any such term shall not exceed the term of the council that appointed them.
Commencement
2 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 11
ONTARIO ENERGY BOARD ACT, 1998
1 Subsection 90 (2) of the Ontario Energy Board Act, 1998 is repealed and the following substituted:
Exception
(2) Subsection (1) applies to the relocation or reconstruction of a hydrocarbon line only if the conditions prescribed by the regulations are met.
2 Subsection 92 (2) of the Act is repealed and the following substituted:
Exception
(2) Subsection (1) applies to the relocation or reconstruction of an existing electricity transmission line or electricity distribution line or interconnection where no expansion or reinforcement is involved only if the acquisition of additional land or authority to use additional land is necessary.
Commencement
3 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
1 (1) The definition of “public body” in subsection 1 (1) of the Planning Act is amended by striking out “a local board, a ministry” and substituting “a local board, a hospital as defined in section 1 of the Public Hospitals Act, a ministry”.
(2) The definition of “specified person” in subsection 1 (1) of the Act is amended by striking out “or” at the end of clause (g) and by adding the following clauses:
(i) NAV Canada,
(j) the owner or operator of an airport as defined in subsection 3 (1) of the Aeronautics Act (Canada) if a zoning regulation under section 5.4 of that Act has been made with respect to lands adjacent to or in the vicinity of the airport and if any part of those lands is within the area to which the relevant planning matter would apply,
(k) a licensee or permittee in respect of a site, as those terms are defined in subsection 1 (1) of the Aggregate Resources Act, if any part of the site is within 300 metres of any part of the area to which the relevant planning matter would apply,
(l) the holder of an environmental compliance approval to engage in an activity mentioned in subsection 9 (1) of the Environmental Protection Act if any of the lands on which the activity is undertaken are within an area of employment and are within 300 metres of any part of the area to which the relevant planning matter would apply, but only if the holder of the approval intends to appeal the relevant decision or conditions, as the case may be, on the basis of inconsistency with land use compatibility policies in any policy statements issued under section 3 of this Act,
(m) a person who has registered an activity on the Environmental Activity and Sector Registry that would, but for being prescribed for the purposes of subsection 20.21 (1) of the Environmental Protection Act, require an environmental compliance approval in accordance with subsection 9 (1) of that Act if any of the lands on which the activity is undertaken are within an area of employment and are within 300 metres of any part of the area to which the relevant planning matter would apply, but only if the person intends to appeal the relevant decision or conditions, as the case may be, on the basis of inconsistency with land use compatibility policies in any policy statements issued under section 3 of this Act, or
(n) the owner of any land described in clause (k), (l) or (m);
(3) The definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1) of the Act is repealed and the following substituted:
“upper-tier municipality without planning responsibilities” means any of the following upper-tier municipalities:
1. The Regional Municipality of Halton.
2. The Regional Municipality of Peel.
3. The Regional Municipality of York.
4. Any other upper-tier municipality that is prescribed under subsection (6); (“municipalité de palier supérieur sans responsabilités en matière d’aménagement”)
(4) The definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1) of the Act, as re-enacted by subsection (3), is amended by adding the following paragraph:
0.1 The County of Simcoe.
(5) The definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1) of the Act, as re-enacted by subsection (3), is amended by adding the following paragraph:
0.2 The Regional Municipality of Durham.
(6) The definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1) of the Act, as re-enacted by subsection (3), is amended by adding the following paragraph:
1.1 The Regional Municipality of Niagara.
(7) The definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1) of the Act, as re-enacted by subsection (3), is amended by adding the following paragraph:
2.1 The Regional Municipality of Waterloo.
(8) Paragraphs 1 and 2 of subsection 1 (4.1) of the Act are amended by striking out “Paragraph 1” wherever it appears and substituting “Paragraph 1.1”.
(9) Paragraph 5 of subsection 1 (4.1) of the Act is amended by striking out “Paragraph 2” at the beginning and substituting “Paragraph 2.1”.
(10) Subsection 1 (4.4) of the Act is repealed and the following substituted:
Transition
(4.4) Despite subsection (4.3), an upper-tier municipality without planning responsibilities that was a party to an appeal under a provision listed in subsection (4.3) on the day before the effective date, as defined in subsection 70.13 (1) in respect of the municipality, may continue as a party to the appeal after that date until the final disposition of the appeal, unless the appeal is deemed to be dismissed by application of subsection 17 (24.0.2) or (36.0.2), 34 (19.0.0.2), 45 (1.2) or 53 (19.2) or (27.0.2).
2 Section 16 of the Act is amended by adding the following subsections:
Restriction, parking facilities
(22) No official plan may contain any policy that has the effect of requiring an owner or occupant of a building or structure to provide and maintain parking facilities, other than parking facilities for bicycles, on land that is not part of a highway and that is located within,
(a) a protected major transit station area identified in accordance with subsection (15) or (16);
(b) an area delineated in the official plan of the municipality surrounding and including an existing or planned higher order transit station or stop, within which area the official plan policies identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated, but only if those policies are required to be included in the official plan to conform with a provincial plan or be consistent with a policy statement issued under subsection 3 (1); or
(c) any other area prescribed for the purposes of this clause.
Policy of no effect
(23) A policy in an official plan is of no effect to the extent that it contravenes subsection (22).
Same
(24) No official plan may contain any policy that has the effect of requiring an owner or occupant of a building or structure to provide and maintain parking facilities, other than parking facilities for bicycles, containing more than the prescribed number of parking spaces on land that is not part of a highway and that is located within an area prescribed for the purposes of this subsection, and if a policy does so, the official plan is deemed to be amended to be consistent with this subsection.
3 (1) Paragraph 1 of subsection 17 (24) of the Act is repealed and the following substituted:
1. A specified person who, before the plan was adopted, made oral submissions at a public meeting or written submissions to the council.
1.1 A public body that, before the plan was adopted, made oral submissions at a public meeting or written submissions to the council.
1.2 The registered owner of any land to which the plan would apply, if, before the plan was adopted, the owner made oral submissions at a public meeting or written submissions to the council.
(2) Section 17 of the Act is amended by adding the following subsections:
Transition
(24.0.1) For greater certainty, subsection (24), as it reads on the day subsection 3 (1) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, applies to an appeal on and after that day even if the giving of notice under subsection (23) of this section is completed before that day.
Same, retroactive effect
(24.0.2) An appeal under subsection (24) made before the day subsection 3 (1) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force by a person or public body not described in paragraph 1, 1.1, 1.2, 2, 3 or 4 of subsection (24) of this section as it reads on the day subsection 3 (1) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force shall be deemed to have been dismissed on that day unless,
(a) a hearing on the merits of the appeal had been scheduled before April 10, 2024; or
(b) a notice of appeal was filed by a person or public body listed in paragraph 1, 1.1, 1.2, 2, 3 or 4 of subsection (24) of this section as it reads on the day subsection 3 (1) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force in respect of the same plan to which the appeal relates.
Same, hearing on the merits
(24.0.3) For the purposes of clause (24.0.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing.
Same
(24.0.4) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing.
(3) Paragraph 1 of subsection 17 (36) of the Act is repealed and the following substituted:
1. A specified person who, before the plan was adopted, made oral submissions at a public meeting or written submissions to the council.
1.1 A public body that, before the plan was adopted, made oral submissions at a public meeting or written submissions to the council.
1.2 The registered owner of any land to which the plan would apply, if, before the plan was adopted, the owner made oral submissions at a public meeting or written submissions to the council.
(4) Section 17 of the Act is amended by adding the following subsections:
Transition
(36.0.1) For greater certainty, subsection (36), as it reads on the day subsection 3 (3) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, applies to an appeal on and after that day even if the giving of notice under subsection (35) of this section is completed before that day.
Same, retroactive effect
(36.0.2) An appeal under subsection (36) made before the day subsection 3 (3) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force by a person or public body not described in paragraph 1, 1.1, 1.2, 2 or 3 of subsection (36) of this section as it reads on the day subsection 3 (3) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force shall be deemed to have been dismissed on that day unless,
(a) a hearing on the merits of the appeal had been scheduled before April 10, 2024; or
(b) a notice of appeal was filed by a person or public body listed in paragraph 1, 1.1, 1.2, 2 or 3 of subsection (36) of this section as it reads on the day subsection 3 (3) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force in respect of the same decision to which the appeal relates.
Same, hearing on the merits
(36.0.3) For the purposes of clause (36.0.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing.
Same
(36.0.4) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing.
4 (1) Subsection 22 (2.1.3) of the Act is repealed and the following substituted:
No request for amendment re protected major transit station area policies
(2.1.3) Subject to subsection (2.1.4), if a protected major transit station area is identified in an official plan in accordance with subsection 16 (15) or (16), no person or public body shall request an amendment in respect of any of the policies described in that subsection in respect of that area.
Exception
(2.1.4) Subsection (2.1.3) does not apply in respect of the policies described in clause 16 (15) (b) or in subclause 16 (16) (b) (i).
(2) Subsection 22 (3.1) of the Act is repealed and the following substituted:
Consultation
(3.1) The council or planning board shall permit applicants to consult with the municipality or planning board, as the case may be, before submitting requests under subsection (1) or (2).
(3) Subsections 22 (6.2) and (6.3) of the Act are repealed and the following substituted:
Motion re dispute
(6.2) At any time after the person or public body has begun to consult with the municipality or planning board before submitting a request under subsection (1) or (2) or after the person or public body has paid any fee required under section 69, the person or public body or the council or planning board may make a motion for directions to have the Tribunal determine,
(a) whether the information and material have in fact been provided; or
(b) whether a requirement made under subsection (5) is reasonable.
(4) Clause 22 (7.2) (a) of the Act is repealed and the following substituted:
(a) alter all or any part of the boundary of an area of settlement in a municipality if, as a result of the alteration, any land in the Greenbelt Area, within the meaning of the Greenbelt Act, 2005, would be included in the area of settlement;
5 (1) Paragraph 6 of subsection 34 (1) of the Act is amended by striking out “For requiring” at the beginning and substituting “Subject to subsection (1.1), for requiring”.
(2) Section 34 of the Act is amended by adding the following subsections:
Restriction, parking facilities
(1.1) Despite paragraph 6 of subsection (1), a zoning by-law may not require an owner or occupant of a building or structure to provide and maintain parking facilities, other than parking facilities for bicycles, on land that is not part of a highway and that is located within,
(a) a protected major transit station identified in accordance with subsection 16 (15) or (16);
(b) an area delineated in the official plan of the municipality surrounding and including an existing or planned higher order transit station or stop, within which area the official plan policies identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated, but only if those policies are required to be included in the official plan to conform with a provincial plan or be consistent with a policy statement issued under subsection 3 (1); or
(c) any other area prescribed for the purposes of clause 16 (22) (c).
Provisions of no effect
(1.2) A provision of a by-law passed under this section or an order made under clause 47 (1) (a) is of no effect to the extent that it contravenes a restriction described in subsection (1.1) of this section.
Same
(1.3) Despite paragraph 6 of subsection (1), a zoning by-law may not require an owner or occupant of a building or structure to provide and maintain parking facilities, other than parking facilities for bicycles, containing more than the number of parking spaces prescribed for the purposes of subsection 16 (24) on land that is not part of a highway and that is located within an area prescribed for the purposes of that subsection, and if a by-law does so, the by-law is deemed to be amended to be consistent with this subsection.
(3) Subsection 34 (10.0.1) of the Act is repealed and the following substituted:
Consultation
(10.0.1) The council shall permit applicants to consult with the municipality before submitting applications to amend by-laws passed under this section.
(4) Subsections 34 (10.5) and (10.6) of the Act are repealed and the following substituted:
Motion re dispute
(10.5) At any time after the person or public body has begun to consult with the municipality before submitting an application to amend a by-law passed under this section or after the person or public body has paid any fee required under section 69, the person or public body or the council may make a motion for directions to have the Tribunal determine,
(a) whether the information and material have in fact been provided; or
(b) whether a requirement made under subsection (10.2) is reasonable.
(5) Subsections 34 (10.12) to (10.14) of the Act are repealed.
(6) Clause 34 (11.0.4) (a) of the Act is repealed and the following substituted:
(a) an alteration to all or any part of the boundary of an area of settlement if, as a result of the alteration, any land in the Greenbelt Area within the meaning of the Greenbelt Act, 2005, is or would be included in the area of settlement; or
(7) Paragraph 2 of subsection 34 (19) of the Act is repealed and the following substituted:
2. A specified person who, before the by-law was passed, made oral submissions at a public meeting or written submissions to the council.
2.1 A public body that, before the by-law was passed, made oral submissions at a public meeting or written submissions to the council.
2.2 The registered owner of any land to which the by-law would apply, if, before the by-law was passed, the owner made oral submissions at a public meeting or written submissions to the council.
(8) Section 34 of the Act is amended by adding the following subsections:
Transition
(19.0.0.1) For greater certainty, subsection (19), as it reads on the day subsection 5 (7) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, applies to an appeal on and after that day even if the giving of notice under subsection (18) of this section is completed before that day.
Same, retroactive effect
(19.0.0.2) An appeal under subsection (19) made before the day subsection 5 (7) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force by a person or public body not described in paragraph 1, 2, 2.1, 2.2 or 3 of subsection (19) of this section as it reads on the day subsection 5 (7) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force shall be deemed to have been dismissed on that day unless,
(a) a hearing on the merits of the appeal had been scheduled before April 10, 2024; or
(b) a notice of appeal was filed by a person or public body listed in paragraph 1, 2, 2.1, 2.2 or 3 of subsection (19) of this section as it reads on the day subsection 5 (7) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force of this section in respect of the same by-law to which the appeal relates.
Same, hearing on the merits
(19.0.0.3) For the purposes of clause (19.0.0.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing.
Same
(19.0.0.4) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing.
(9) Section 34 of the Act is amended by adding the following subsections:
Transition — refund of fees
(35) Subject to subsection (36), subsections (10.12) to (10.14), as they read immediately before their repeal by subsection 5 (5) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024, continue to apply to an application received before the day subsection 5 (5) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force.
Same
(36) If a decision in respect of an application has not been made by the municipality before the day subsection 5 (5) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, any refund of fees required under subsection (10.12) of this section, as it read immediately before its repeal, shall be determined as though a decision had been made on that day.
6 Section 34.1 of the Act is repealed and the following substituted:
Transition, orders under former s. 34.1
34.1 An order made by the Minister under subsection 34.1 (9), as it read immediately before the day section 6 of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, shall be deemed for all purposes, except for the purposes of section 24 of this Act, to be and to always have been a by-law passed by the council of the municipality in which the land is situate.
7 Subsection 35.1 (2) of the Act is repealed and the following substituted:
Regulations
(2) The Minister may make regulations establishing requirements and standards with respect to,
(a) a 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, which residential unit is not the primary residential unit;
(b) 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;
(c) a parcel of land on which a residential unit described in clause (a) or (b) is located; or
(d) a building or structure within which a residential unit described in clause (a) or (b) is located.
Same
(2.1) A regulation made under clause (2) (c) ceases to apply to a parcel of land if, after alteration or demolition of a building or structure on the parcel, no units described in clause (2) (a) or (b) remain on the parcel.
Same
(2.2) A regulation under clause (2) (d) ceases to apply to a building or structure if, after alteration of the building or structure, no units described in clause (2) (a) or (b) remain within the building or structure.
8 (1) Subsections 41 (3.1) and (3.2) of the Act are repealed and the following substituted:
Consultation
(3.1) The municipality shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection (4).
(2) Subsections 41 (3.7) and (3.8) of the Act are repealed and the following substituted:
Motion re dispute
(3.7) At any time after the applicant has begun to consult with the municipality before submitting plans and drawings for approval under subsection (4) or after the applicant has paid any fee required under section 69, the applicant or municipality may make a motion for directions to have the Tribunal determine,
(a) whether the plans and drawings and the information and material have in fact been provided; or
(b) whether a requirement made under subsection (3.4) is reasonable.
(3) Section 41 of the Act is amended by adding the following subsections:
Lapse of approval
(7.1) Subject to the regulations, in approving the plans and drawings referred to in subsection (4), the authorized person referred to in subsection (4.0.1) may provide that the approval lapses at the expiration of the time period specified by the authorized person, in accordance with subsection (7.2), and the approval shall lapse at the expiration of the time period. However, the approval shall not lapse if, before it has lapsed, a permit is issued under section 8 of the Building Code Act, 1992 to implement the site plan approval.
Same, time period
(7.2) For the purposes of subsection (7.1), the time period specified by the authorized person shall not,
(a) be less than such prescribed time period as may be applicable to the development;
(b) exceed such prescribed time period as may applicable to the development; or
(c) be less than three years, if a prescribed time period under clause (a) or (b) does not apply with respect to the development.
Same, approval
(7.3) Subject to the regulations, if an authorized person has approved plans or drawings referred to in subsection (4) before the day subsection 8 (3) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, the authorized person may provide that the approval lapses in accordance with subsections (7.1) and (7.2) of this section and, if the authorized person does so, the municipality shall notify the owner of the land of the change to the approval.
(4) Subsections 41 (11.1) to (11.3) of the Act are repealed.
(5) Section 41 of the Act is amended by adding the following subsections:
Same — refund of fee
(15.4) Subject to subsection (15.5), subsections (11.1) to (11.3), as they read immediately before their repeal by subsection 8 (4) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024, continue to apply to plans and drawings referred to in subsection (4) that are received before the day subsection 8 (4) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force.
Same
(15.5) If the municipality has not approved the plans and drawings before the day subsection 8 (4) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, any refund of fees required under subsection (11.1) of this section, as it read immediately before its repeal, shall be determined as though an approval had been granted on that day.
9 The Act is amended by adding the following section:
Non-application of Part V, etc.
49.3 (1) The regulations may provide that any provision of this Part or of a regulation made under section 70.2 does not apply, or may set out restrictions or limitations with respect to its application, to a,
(a) detached house, semi-detached house or rowhouse, including a detached house, semi-detached house or rowhouse containing an additional residential unit, that is located on a parcel of urban residential land and that meets such criteria as may be prescribed; or
(b) structure ancillary to a detached house, semi-detached house or rowhouse referred to in clause (a) that meets such criteria as may be prescribed.
Conflicts
(2) A regulation made for the purposes of this section prevails over the provisions of any other Act that are specified in the regulation.
10 (1) Subsection 51 (16.1) of the Act is repealed and the following substituted:
Consultation
(16.1) The approval authority shall permit applicants to consult with it before submitting applications under subsection (16).
(2) Subsections 51 (19.2) and (19.3) of the Act are repealed and the following substituted:
Motion re dispute
(19.2) At any time after the applicant has begun to consult with the approval authority before submitting an application under subsection (16) or after the applicant has paid any fee required under section 69, the applicant or the approval authority may make a motion for directions to have the Tribunal determine,
(a) whether the information and material have in fact been provided; or
(b) whether a requirement made under subsection (18) is reasonable.
(3) Subsection 51 (32) of the Act is repealed and the following substituted:
Lapse of approval
(32) Subject to the regulations, in giving approval to a draft plan of subdivision, the approval authority shall provide that the approval lapses at the expiration of the time period specified by the approval authority, in accordance with subsection (32.1), and the approval shall lapse at the expiration of the time period, but, if there is an appeal under subsection (39), the time period specified for the lapsing of approval does not begin until the date the Tribunal’s decision is issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (51).
Same, time period
(32.1) For the purposes of subsection (32), the time period specified by the approval authority shall not,
(a) be less than such prescribed time period as may be applicable to the development;
(b) exceed such prescribed time period as may applicable to the development; or
(c) be less than three years, if a prescribed time period under clause (a) or (b) does not apply with respect to the development.
(4) Section 51 of the Act is amended by adding the following subsections:
Approvals given on or before March 27, 1995
(33.4) If an approval to a draft plan of subdivision was given on or before March 27, 1995, the approval lapses at the expiration of the third anniversary of the day subsection 10 (4) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force. However, if there is an outstanding appeal under subsection (43) or (48) of this section in respect of a condition to the approval of the plan on the day subsection 10 (4) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, or such an appeal is commenced after that day and before the third anniversary of that day, the approval lapses on the third anniversary of the day that all appeals are withdrawn or the Tribunal has finally disposed of all of those appeals.
Same
(33.5) For clarity, subsections (33), (33.1) and (39) do not apply in respect of the lapsing of an approval described in subsection (33.4).
11 The Act is amended by adding the following sections:
Undertakings of post-secondary institutions
62.0.2 (1) Except as otherwise prescribed, an undertaking of a post-secondary institution described in subsection (2) for the objects of the institution is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006.
Same
(2) Subsection (1) applies to the following post-secondary institutions:
1. Publicly-assisted universities, as defined in section 1 of the Ministry of Training, Colleges and Universities Act, except as otherwise prescribed.
2. Colleges and universities federated or affiliated with a publicly-assisted university referred to in paragraph 1, except as otherwise prescribed.
Exception, Greenbelt Area
(3) Subsection (1) does not apply to an undertaking on any land in the Greenbelt Area.
Non-application of Act — community service facilities
Interpretation
62.0.3 (1) In this section,
“community service facility” includes,
(a) an undertaking of a board, as defined in subsection 1 (1) of the Education Act;
(b) a long-term care home as defined in subsection 2 (1) of the Fixing Long-Term Care Act, 2021; and
(c) a hospital as defined in section 1 of the Public Hospitals Act.
Non-application to community service facilities
(2) The regulations may provide that any provision of this Act or a regulation made under section 70.2 does not apply, or may set out restrictions or limitations with respect to its application, to a prescribed class of community service facilities that meets such requirements as may be prescribed.
Conflicts
(3) A regulation made for the purposes of this section prevails over the provisions of any other Act that are specified in the regulation.
12 (1) Section 70 of the Act is amended by adding the following clause:
(i) for the purposes of section 49.3,
(i) prescribing any provision of Part V or of a regulation made under section 70.2,
(ii) setting out restrictions or limitations with respect to the application of a provision referred to in subclause (i),
(iii) prescribing criteria in respect of a detached house, semi-detached house, rowhouse or ancillary structure.
(2) Section 70 of the Act is amended by adding the following clause:
(j) for the purposes of subsection 62.0.3 (2),
(i) prescribing a class of community service facilities,
(ii) prescribing any provision of this Act or of a regulation made under section 70.2,
(iii) setting out restrictions or limitations with respect to the application of a provision referred to in subclause (i),
(iv) prescribing requirements that a class of community service facilities must meet.
(3) Section 70 of the Act is amended by adding the following subsection:
(2) A regulation under clause 70 (i) does not apply to any land in the Greenbelt Area within the meaning of the Greenbelt Act, 2005.
(4) Section 70 of the Act is amended by adding the following subsection:
Non-application in Greenbelt Area
(3) A regulation under clause 70 (j) does not apply to any land in the Greenbelt Area within the meaning of the Greenbelt Act, 2005.
13 (1) Paragraph 23.2 of subsection 70.1 (1) of the Act is repealed.
(2) Subsection 70.1 (1) of the Act is amended by adding the following paragraphs:
24.2 prescribing a development or one or more classes of development to which subsections 41 (7.1) and (7.2) do not apply;
24.3 prescribing time periods for the purposes of clauses 41 (7.2) (a) and (b), including providing for a specific time period that applies to a particular development or providing for different time periods that apply with respect to different classes of development;
24.4 prescribing a development or one or more classes of development to which subsection 41 (7.3) does not apply;
. . . . .
26.1 prescribing a development or one or more classes of development to which subsections 51 (32) and (32.1) do not apply;
26.2 prescribing a development or one or more classes of development to which an approval authority is not permitted to provide for the lapsing of an approval under subsection 51 (32);
26.3 prescribing time periods for the purposes of clauses 51 (32.1) (a) and (b), including providing for a specific time period that applies to a particular development or providing for different time periods that apply with respect to different classes of development;
26.4 prescribing a development or one or more classes of development to which subsection 51 (33.4) does not apply;
14 Section 70.3 of the Act is repealed.
15 (1) The definition of “effective date” in subsection 70.13 (1) of the Act is repealed and the following substituted:
“effective date” means,
(a) in respect of an upper-tier municipality referred to in paragraphs 1, 2 and 3 of the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1), the day on which subsection 15 (1) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, and
(b) in respect of an upper-tier municipality prescribed under subsection 1 (6) as an upper-tier municipality without planning responsibilities, the day on which the regulation prescribing the upper-tier municipality as such comes into force.
(2) The definition of “effective date” in subsection 70.13 (1) of the Act, as re-enacted by subsection (1), is amended by adding the following clause:
(a.1) in respect of an upper-tier municipality referred to in paragraph 0.1 of the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1), the day on which subsection 15 (2) of Schedule 12 of the Cutting Red Tape to Build More Homes Act, 2024 comes into force,
(3) The definition of “effective date” in subsection 70.13 (1) of the Act, as re-enacted by subsection (1), is amended by adding the following clause:
(a.2) in respect of an upper-tier municipality referred to in paragraph 0.2 of the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1), the day on which subsection 15 (3) of Schedule 12 of the Cutting Red Tape to Build More Homes Act, 2024 comes into force,
(4) The definition of “effective date” in subsection 70.13 (1) of the Act, as re-enacted by subsection (1), is amended by adding the following clause:
(a.3) in respect of an upper-tier municipality referred to in paragraph 1.1 of the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1), the day on which subsection 15 (4) of Schedule 12 of the Cutting Red Tape to Build More Homes Act, 2024 comes into force,
(5) The definition of “effective date” in subsection 70.13 (1) of the Act, as re-enacted by subsection (1), is amended by adding the following clause:
(a.4) in respect of an upper-tier municipality referred to in paragraph 2.1 of the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1), the day on which subsection 15 (5) of Schedule 12 of the Cutting Red Tape to Build More Homes Act, 2024 comes into force,
Conservation Authorities Act
16 (1) Clause 28.1.2 (1) (a) of the Conservation Authorities Act is amended by striking out “under section 34.1 or 47” and substituting “under section 47”.
(2) Subsection 28.1.2 (20) of the Act is amended by striking out “under section 34.1 or 47” and substituting “under section 47”.
Helping Homebuyers, Protecting Tenants Act, 2023
17 Subsections 1 (8) to (10) of Schedule 6 to the Helping Homebuyers, Protecting Tenants Act, 2023 are repealed.
More Homes Built Faster Act, 2022
18 (1) Subsection 25 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 is repealed and the following substituted:
(2) Section 7, subsections 10 (2) and (4), 12 (2), (3), (9) and (15) and 18 (2), (3) and (7) and section 22 come into force on a day to be named by proclamation of the Lieutenant Governor.
(3) Subsections 1 (2), (5) and (6), sections 2 and 3, subsections 4 (2) and (3), 5 (1) to (5), 8 (4), 11 (5) and (6), 16 (2) and (3) and 17 (2) and (3) and sections 20, 21 and 23 come into force on the later of July 1, 2024 and the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
Commencement
19 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
(2) Subsections 1 (3) and (10) and 15 (1) come into force on the later of July 1, 2024 and the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
(3) Subsections 1 (4) to (7), section 9 and subsections 12 (1) and (3) and 15 (2) to (5) come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 13
POET LAUREATE OF ONTARIO ACT (IN MEMORY OF GORD DOWNIE), 2019
1 Subclause 2 (a) (iii) of the Poet Laureate of Ontario Act (In Memory of Gord Downie), 2019 is amended by striking out “the Province of Ontario Council for the Arts” and substituting “the Ontario Arts Council”.
Commencement
2 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 14
REDEEMER REFORMED CHRISTIAN COLLEGE ACT, 1998
1 (1) Subsection 4 (2) of the Redeemer Reformed Christian College Act, 1998 is repealed and the following substituted:
(2) The board shall be composed of not fewer than 11 and not more than 15 persons, as determined by the supporting members, who shall be elected by the supporting members from among the supporting members.
(2) Subsection 4 (12) of the Act is repealed and the following substituted:
(12) Where a vacancy occurs for any reason among the members of the board, the board in its sole discretion shall determine whether the vacancy is to be filled and the board shall elect a supporting member to fill the vacancy until the next annual meeting of the supporting members.
2 The Act is amended by adding the following section:
Existing elected members continue
6.1 (1) Any person who was a member of the board immediately before the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent shall continue as a member of the board until the expiration of the term for which they were elected or until the office otherwise becomes vacant.
(2) Despite subsection 4 (12), if there are more than 15 members of the board who continue as members of the board under subsection (1), no vacancy shall be filled until the total number of elected members is fewer than 15.
3 Subsection 5 (2) of the Act is amended by adding the following clause:
(a.1) subject to subsections 4 (2), (7), (8) and (9), set additional requirements by by-law with respect to the composition of the board;
4 Subsection 6 (2) of the Act is repealed and the following substituted:
(2) The board shall send the annual report of the University, including an audited annual financial statement, in the form and manner determined by the board, to the supporting members.
5 (1) Clause 8 (1) (f) of the Act is repealed and the following substituted:
(f) elect the board members under subsection 4 (2);
(2) Clause 8 (3) (b) of the Act is repealed and the following substituted:
(b) determine the number of persons to be elected to the board under subsection 4 (2).
(3) Subsection 8 (4) of the Act is repealed and the following substituted:
(4) The board shall, by by-law, set the percentage of supporting members required to constitute a quorum at a meeting of the supporting members.
Commencement
6 This Schedule comes into force on the day the Cutting Red Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 15
UNIVERSITÉ DE HEARST ACT, 2021
1 Paragraphs 3 to 8 of subsection 6 (1) of the Université de Hearst Act, 2021 are repealed and the following substituted:
3. One person elected by the teaching staff of the University from among themselves.
4. One person elected by the students of the University from among themselves.
5. One person elected by the non-teaching employees of the University from among themselves.
6. Three persons appointed by the Lieutenant Governor in Council, who shall not be students, members of the teaching staff or non-teaching employees of the University.
7. Seven other persons who shall be appointed by the board, who shall not be students, members of the teaching staff or non-teaching employees of the University.
2 (1) Subsection 17 (1) of the Act is amended by adding “and (3)” after “subsection (2)”.
(2) Section 17 of the Act is amended by adding the following subsection:
Same
(3) A person who was a member of the board of governors on the day immediately before the day section 1 of Schedule 15 of the Cutting Red Tape to Build More Homes Act, 2024 came into force shall continue in office until the expiry of their term or until their office otherwise becomes vacant.
Commencement
3 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
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