The More Homes Built Faster Act, S.O. 2022 resulted in many changes which came into effect on November 28, 2022. Several of the changes have sweeping ramifications for participation and process-related matters. This article discusses a few of the changes which will have immediate impact.
From a participation perspective, most individuals and parties can no longer appeal approval decisions from the Committee of Adjustment relating to minor variance and consent applications. Once an approval decision is rendered, only the applicant and certain publicly associated parties have the ability to appeal the decision. This legislative amendment has removed the ability for individuals, such as neighbours or resident associations, from appealing projects that are of concern.
Of note, Bill 23 contains a retroactive provision which eliminates third party appeals where an Ontario Land Tribunal (OLT) or Toronto Local Appeal Body (TLAB) hearing has not been scheduled as of October 25, 2022. Appeals caught in this category have been legislatively dismissed.
An earlier draft of Bill 23 proposed to remove the appeal option for certain types of amendment applications, such as those related to zoning by-law amendments. However, the proclaimed Act has not removed the ability for interested parties to appeal decisions relating to zoning by-law amendments or official plan amendments. Individuals may still appeal, subject to the legislative onus obligations.
With respect to the land development process, Bill 23 has removed the ability of a municipality to require site plan approval for residential projects involving up to ten residential dwelling units. This change should help to streamline the timing and technical burden which affects homeowners and smaller project builders. An individual looking to replace their existing house with a more modern dwelling in a municipality such as Mississauga will welcome this change. So too will a builder contemplating an infill townhouse or small-scale apartment building.
From a housing supply perspective, the legislative changes also prohibit a municipality from containing zoning by-law provisions or official plan policies which prohibit additional residential units for certain types of housing. Bill 23 also does not allow a municipality to regulate the minimum floor area associated with the additional residential units, nor to require more than one parking space to be provided in connection with the residential unit. Additional residential units are described as the following:
- Two residential units in a detached house, semi-detached house or rowhouse with one additional unit in an ancillary building or structure (i.e., garage);
- Three residential units in a detached house, semi-detached house or rowhouse, provided there are no additional units in an ancillary building or structure; and,
- One residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse, if the detached house, semi-detached house or rowhouse contains no more than two residential units.
The participation and process-related changes that are now in effect have a direct link with the interests of the Province of Ontario to increase housing supply. The province has directly limited appeal participation, lifted certain process-related restrictions, and increased flexibility to add residential units to formerly restricted single family residential areas. The effect of these changes is being felt immediately by residents, property owners, land professionals and municipalities.
Our office has been staying up to date on the changes that have been occurring at the provincial level, as well as across the Cities and Towns within the Greater Toronto Area. Find out more, or have your questions addressed, by contacting us with your particular circumstances.