BY Reilly Beesley/December 7, 2022
Bill 23, also known as the More Homes Built Faster Act, has been the talk of the province. And with it could come some big changes for Ontario. We’re going to give you a breakdown what the Bill is, what changes you could expect, and some of the benefits and drawbacks of this newly proposed act.
As part of Ontario’s initiative to provide increased housing to the province, the Ontario government has declared the bold plan of building 1.5 million new homes in the next 10 years. This act has the potential to drastically change the developmental landscape of Ontario.
As outlined in the province’s proposal, the main priorities for the More Homes Built Faster Act are:
1. Reducing bureaucratic costs and red tape that are delaying construction and pushing up home prices.
2. Promoting building up near transit and reforming zoning to create more “gentle density”.
3. Protecting homebuyers and utilizing provincial lands to build more attainable homes.
With nearly 50 amendments being made to current legislation, this is a small summary of changes you can expect to see:
City of Toronto Act, 2006 and Municipal Act
The main amendments seen in this act are centered around empowering the Minister of Municipal Affairs and Housing to approve policies that would limit local municipalities control over regulation of residential rental properties. Another major change will be the removal of exterior design criteria under the site plan control.
Planning Act
With efforts to increase urban density with minimal impact on existing neighbourhoods, amendments to this act would include overriding municipal zoning by-laws to promote gentle density housing. By overruling the current municipal zoning by-laws, Bill 23 would allow for three residential buildings per lot. Another major amendment proposed is removing site plan control for any project with less than 10 residential units to reduce wait time for approvals on small housing projects.
Development Charges Act
Amendments will include actions to minimize bureaucratic costs and create more affordable housing. There will be a priority on drastically reducing various fees that have contributed to the skyrocketed building costs. The change in this act is to promote inclusionary zoning units, non-profit housing developments, exemption from municipal development charges, and parkland levies. Rental construction will also receive a reduction in various development charges. The government is also considering scraping all other levies charged by the municipalities to developers.
Ontario Heritage Act
As it stands a building is deemed a heritage site should the city believe the property to have heritage value or interest. Bill 23 will come with a list of various criteria each heritage build is required to meet. A review will take place to consider all current heritage buildings to see if they qualify to remain on the register. Bill 23 proposes when a property is removed from the designated heritage register, the municipality can’t include it on the register for at least 5 years.
Ontario Land Tribunal Act
Changes to the current appeal process will result in the removal of all third-party appeals. No one aside from the applicant, municipality, specific public bodies, and the Minister will be able to make an appeal. All existing third-party appeals with no current scheduled appeal date set will be dismissed. The Tribunal will now be able to dismiss a proceeding without hearing should the party in question have contributed to the delay of the proceeding. The unsuccessful party may now also be required to pay for the costs of the successful party. With this act, housing projects will be given scheduling priority for Tribunal.
Conservation Authorities Act
The main amendment we will see in the Conservation Act will be the amalgamation of the current 36 conservation authorities into a single regulation. Permits will no longer be required within typically regulated areas (including wetlands) for development authorized under the Planning Act.
New Home Construction Licensing Act
The amendments made to this act are in efforts to provide protection for new homebuyers. Including the proposed doubling of maximum fines for unethical builders that cancel their builds for unjust reasons. This change will also see the administrative penalties for any Code of Ethic infringements.
Addressing the Housing Crisis: To start with the obvious, the housing crisis in Ontario is a very real issue. With many Ontarians’ struggling to find adequate housing, Bill 23 has set out to create a plan to address the very real need Ontario is facing.
Urban Density: The focus on creating minimal impact on neighbourhoods while increasing density. Urban density theory suggests that cities have the ability to run more efficiently and provide a larger population access to goods and services.
More Rentals: With nearly one third of Ontarians renting, Bill 23 hopes to close the rental gap need by offering more mixed housing options. The proposed zone changes allowing for up to three units per lot will help allow for various housing options (basement units, garden homes, etc.).
Streamlined Process: Smaller builds will now have less red tape and bureaucratic hoops to jump through to get their projects started. This will drastically reduce the approval wait time to get the build started and completed.
Disempowerment of Municipalities: Proposed amendments will have current zoning and housing regulations instated by municipalities overridden. Various municipalities have expressed their concerns with the reduction of development levies, as these fees directly benefit the community. This act could gravely impact how municipal governments will recover costs associated with growth and could impact municipal taxpayers.
Environmental Costs: Some are questioning if the environmental cost of Bill 23 is worth it. This act would make it easier for development of currently protected areas, including wetlands. This has risen concern around potential flooding, erosion, and unnecessary environmental hazards. The change in developmental regulations also has potential to increase greenhouse gasses emitted from the housing sector.
Lack of Community Involvement: With changes in the Tribunal Act, third-party concerns regarding developmental factors that will impact communities, farms, green spaces, and Indigenous communities, will no longer hold the same consideration.
Loss of Heritage Builds: Bill 23 would reconsider current heritage properties and determine if they will continue to stand as a heritage building within the community. Weakening the Heritage Act could be both devastating and detrimental to many communities.
For more information on the nearly 50 legislative changes, you can read the More Homes Built Faster Act here: https://www.ontario.ca/page/more-homes-built-faster