Canada: Bill 108, Ontario's More Homes, More Choice Act, 2019

Last Updated: May 20 2019
Article by Adam Shipowick and Katie Butler

Most Read Contributor in Canada, July 2019

On May 2, 2019, the Ontario government announced the release of "More Homes, More Choice: Ontario's Housing Supply Action Plan" and Bill 108, the More Homes, More Choice Act. This series of changes coming down the pipeline, if approved, will have significant impact on developers, municipalities, expropriating authorities, school boards and other stakeholders in land use and environmental matters.

More Homes, More Choice: Ontario's Housing Supply Action Plan includes legislative amendments to 13 statutes affecting a broad cross section of provincial measures:

Cannabis Control Act, 2017

Labour Relations Act, 1995

Conservation Authorities Act

Local Planning Appeal Tribunal Act, 2017

Development Charges Act, 1997

Occupational Health and Safety Act

Education Act

Ontario Heritage Act

Endangered Species Act, 2007

Planning Act

Environmental Assessment Act

Workplace Safety and Insurance Act, 1997

Environmental Protection Act


Government Objectives

The Ontario government's stated intent in proposing these changes is to help provide relief to people struggling to find affordable housing that fits their family budget.

Bill 108 says that "increasing the supply of housing will help every person in Ontario by making housing more affordable." Stated objectives of the More Homes, More Choice Act, 2019 include, but are not limited to:

  • Lowering and providing certainty about municipal costs imposed on development, which are passed on to homebuyers;
  • Allowing school boards and development partners to find innovative ways to finance new school facilities;
  • Expediting the land use planning appeals process and moving towards cost-recovery while ensuring community groups and residents have affordable access to appeals; and
  • Giving municipal government greater authority over conservation authorities to make them more accountable.

Legislative Overview

Bill 108 remains subject to change as it passes through the legislative process. BLG will be bringing you a comprehensive review of these proposed changes. The following is an initial overview of some key changes in the legislation presented at First Reading.

Local Planning Appeal Tribunal Act, 2017

  • Procedural changes to the way planning appeals are handled.
  • The clock would be turned back on official plan and zoning appeals, returning to the former, OMB procedure.
  • Case Management Conferences would still be required in Planning Act appeals.
  • Continued power for the Tribunal to limit direct and cross examination of witnesses.
  • Non-parties limited to written submissions in Planning Act appeals.

Planning Act

  • Amendments to the act by the Building Better Communities and Conserving Watersheds Act, 2017 are largely repealed.
  • New Community Benefits Charge By-laws will combine benefits (Section 37), parkland dedication (Section 42) and certain development charges. The community benefit charge may be imposed when certain requirements are met such as through a zoning amendment application. The amount of the charge is not to exceed an amount equal to the prescribed percentage of the value of the land as of the valuation date.
  • A land owner may provide contributions in-kind (facilities, services or matters required because of development).
  • Parkland dedication requirements are no longer of effect when a Community Benefits Charge By-law has been passed.
  • Reduced timelines for decisions:
    • Official plans 210 days to 120 days,
    • Zoning by-laws 150 days to 90 days,
    • Plans of subdivision 180 days to 120 days.
  • Changes making it easier to provide additional units in a house or building ancillary thereto.
  • Enhanced inclusionary zoning framework to allow for such mechanisms in protected major transit station areas.

Development Charges Act, 1997

  • Where there is a site plan control area or zoning by-law amendment application, the amount of development charges would be determined as of the date of the application.
  • Removal of requirement for municipalities to reduce capital costs by 10 per cent.
  • In most situations, payment of development charges for rental housing, institutional, industrial, commercial, and non-profit housing would be payable in six annual instalments, the first of which would be deferred until the occupancy or issuance of the occupation permit, whichever is earlier.
  • New rules for non-parties to front-ending agreements.
  • Certain development charges would be incorporated in the Community Benefits Charge By-law under the Planning Act changes.

Education Act

  • School boards could apply to the Minister of Education for:
    • 'Alternative Projects' that would allow school boards to spend education development charge funds on non-eligible costs so long as the project provides for pupil accommodation and reduces the costs of acquiring land; and
    • 'Localized Development Agreements' that would allow a school board to accept a real property interest or other prescribed benefit in lieu of the developer paying education development charges.
  • New ministerial oversight over school boards' plans to acquire land including veto powers over expropriations and acquisitions.
  • The amendments raise a number of implementation issues and will also necessitate changes to O. Reg. 20/98 that have yet to be drafted.

Ontario Heritage Act

  • Procedural changes.
  • Increased ability to appeal heritage decisions to the Local Planning Appeal Tribunal.
  • Limitations on municipalities' ability to batch-list properties as heritage to free up land supply.

This legislation will impact public and private entities alike. BLG will be releasing more in-depth analysis of the proposed amendments to most of the acts listed above. We will also provide an update to the Growth Plan 2019, also released on May 2, 2019.

The government invites comments on the proposed changes until June 1, 2019. Contact us to discuss your specific concerns and how these changes may affect you.

Further Reading

About BLG

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions