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Bill 60 introduces the most recent set of legislative amendments as the government continues to address the multi-faceted causes of the housing crisis. This omnibus bill, if passed, will amend eighteen Acts, including the Development Charges Act, 1997 and the Planning Act to streamline development approvals and reduce barriers to building homes and infrastructure. Bill 60 now stands at second reading and has undergone three rounds of debate by members of the Legislature.
In addition to initiatives focusing on accelerating the development of housing and transportation infrastructure, Bill 60 strives to combat delays experienced at the Landlord and Tenant Board. This article highlights the most notable amendments to the Development Charges Act, 1997 and the Planning Act.
Proposed amendments to the Development Charges Act, 1997
Schedule 3 of Bill 60 provides several amendments to the Development Charges Act, 1997 ("DC Act"):
Land acquisition class
Sections 1 and 2 of Schedule 3 propose to revise the DC Act to include a "land acquisition class" as a defined term and a class for which development charges may be collected.
Minister may request copies of DC background studies & DC by-laws
At present, section 10 of the DC Act requires that municipal councils complete a DC background study prior to passing its DC by-law. Proposed amendments will require municipal councils provide a copy of its DC background study or DC by-law to the Minister upon request, within the deadline imposed by the request.
New local service policies
One of the more notable amendments proposed by Bill 60 is the addition of several provisions to section 59, which will require that municipalities adopt a "local service policy." Section 59 currently provides that an approval authority cannot impose a condition of subdivision approval under the Planning Act for the construction of a service that is not a "local service" – a term that currently remains undefined by the applicable regulations. The new provisions would require municipalities to prepare a policy that defines works and classes of works for local services and confirm that the municipality can only require the construction of a work or class of works if it is captured by its policy and if development charges are not being collected for the work.
Specifically:
- Subsection 59(2.2) would require a municipality to establish a local service policy for each service listed in subsection 2(4) of the DC Act. For example, this includes services relating to water supply and wastewater, storm water drainage, electrical power, and waste diversion.
- Subsections 59(2.3) and (2.4) would require the local service policy to identify what works, or classes of works, are providing a local service.
- Subsection 59(2.5) would limit a municipality's authority to impose a condition of subdivision approval requiring the construction of a work for the provision of a local service to works and classes of works that have been expressly identified in the municipality's local service policy. However, subsection 59(2.5) will not apply to works for the provision of a local service if there is no DC by-law in force by the municipality for that service. The restriction imposed by subsection 59(2.5) would apply on the earlier of 18 months after the passing of Bill 60, or after the day a municipality establishes its local service policy.
- Similar to DC background studies and by-laws, subsection 59(2.8) would entitle the Minister to require a copy of the local service policy upon request.
- Subsection 59(2.9) would require the municipality to conduct a regular review of its local service policy. This review would need to be completed whenever a new DC by-law is passed (subsection 59(2.11)), and the conclusion of the review must be confirmed by a resolution of council (subsection 59(2.10)).
Proposed amendments to the Planning Act
In addition to amending the DC Act, Schedule 10 provides notable amendments to the Planning Act which are summarized below.
Ministerial decisions may be inconsistent with the PPS
If passed, any decision of the Minister, other than a part of a decision that applies to land inside the Greenbelt area, would no longer be required to be consistent with the Minister's own policy statements under section 3 of the Planning Act. This provision would have retroactive effect by applying to decisions that were made before the day section 1 of Schedule 10 of Bill 60 comes into force.
Protected Major Transit Station Areas
Amendments to section 16 of the Planning Act relate to Ministerial Orders exempting official plans from the need for Ministerial approval. As it stands now, if an official plan is exempt from approval, the exemption does not apply to any amendments to a Protected Major Transit Station Area (PMTSA). This means that amendments to the number of residents and jobs per hectare, authorized uses, and minimum building densities within a PMTSA all require Ministerial approval. The proposed amendments to section 16 of the Planning Act would exempt certain official plan amendments from this requirement (if the official plan has already been exempt from approval), where the only amendment relates to contemplated land uses within the PMTSA, and where residential uses will be permitted in all areas subject to the amendment.
As-of-right variances
Amendments to section 34 of the Planning Act will allow the Minister to prescribe a percentage, through regulation, by which a landowner can deviate as-of-right from a minimum or maximum standard imposed by a zoning by-law. The Minister currently has this authority with respect to minimum setbacks only but has not yet published any regulations.
Summary
Overall, Bill 60 reflects the government's ongoing efforts to address the housing crisis and is the next step in a long line of amendments to Ontario's planning legislation. Additional changes may also be made to the Bill before it receives Royal Assent, and it will be important, as always, to carefully review the legislation and transition provisions that apply in each case.
The Municipal, Land Development and Expropriation Group will continue to monitor Bill 60's progression as it continues to move through the legislative process.
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.
