BUILDING DURHAM

OHBA is seeking comments from members in relation to Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025.

All comments are to be sent to kjensen@ohba.ca no later than May 31, 2025.

The following postings are related to similar proposed amendments to the Building Transit Faster Act, 2020 or the Metrolinx Act to support Bill 17.

MINISTRY OF TRANSPORTATION – PROPOSED AMENDMENT TO THE BUILDING TRANSIT FASTER ACT, 2020

Proposal number:  ERO 025-0450, Comments open until June 11^th.

Link to commenting post:  Bill 17: Protect Ontario by Building Faster and Smarter Act, 2025 – Amendment to the Building Transit Faster Act, 2020 | Environmental Registry of Ontario

With the aim of helping to create transit projects faster, Bill 17 proposes amendments to the Building Transit Faster Act, 2020.

The BTFA provides the tools needed for Metrolinx to deliver the current "priority transit projects" under the Act (Ontario Line, Yonge North Subway Extension, Scarborough Subway Extension, Eglinton Crosstown West Extension, Hamilton Light Rail Transit, and the Hazel McCallion Light Rail Transit line extensions) by providing:

• Utility Company Coordination - A framework for enhanced coordination of utility relocations to support better management of project schedule and costs;
• Municipal Service and Right-of-Way Access - An approach to municipal permits and backstop authority to compel access to municipal rights-of-way and services (water, sewer);
• Corridor Development Permits - Requirements for owners of adjacent land and infrastructure to obtain a corridor development permit for construction and development activities that may interfere with transit construction;
• Entering Lands - The ability to enter lands for due diligence work (e.g., soil testing), removal of obstructions and encroachments (e.g., trees), addressing imminent danger, and for the purpose of ensuring that a permit or stop-work order is being complied with; and,
• Land Assembly - A streamlined land assembly process.

The proposed amendment adds a new definition of “provincial transit project” to the BTFA, meaning a “transit project that Metrolinx has authority to carry out.” The definition will continue to encompass projects that were previously defined as priority transit projects. This amendment, if passed, will expand the application of the BTFA to all provincial transit projects without having to name them in the Act or prescribe them via regulatory amendments. Upon Royal Assent, Metrolinx would have immediate access to two of the BTFA measures: Utility Company Coordination and Municipal Service and Right-of-Way Access for all provincial transit projects. The remaining three measures, Corridor Development Permits, Entering Lands, and Land Assembly, will be available to Metrolinx upon designation of transit corridor lands via Order in Council (OIC).  

If the amendment is passed, Ontarians are expected to see more public transit projects built faster. Expanding the number of transit projects under the BTFA will help the government’s plan to build transit faster so people can get where they want to go, when they want to get there, while reducing congestion and driving economic growth. Please see the full ERO posting for additional information.

MINISTRY OF TRANSPORTATION – PROPOSED AMENDMENT TO THE BUILDING TRANSIT FASTER ACT, 2020 TO EXPAND DEFINITION OF PRIORITY TRANSIT PROJECTS TO ALL PROVINCIAL TRANSIT PROJECTS

Proposal number: 25-MT005, Comments open until June 11^th.

Link to commenting post:  Ontario Regulatory Registry

As directly related to the above post:  MTO is proposing a legislative amendment to add a new definition "provincial transit project" to the BTFA, defined as a "transit project that Metrolinx has authority to carry out." The definition will include projects that were previously defined as "priority transit projects" under the Act. The current 'priority transit projects' under the Act are the Ontario Line, Scarborough Subway Extension, Eglinton Crosstown West Extension, Yonge North Subway Extension, Hamilton Light Rail Transit and Hazel McCallion Light Rail Transit line extensions.

The legislative amendment will expand the applicability of the BTFA to all provincial transit projects to streamline project delivery and accelerate completion of all provincial transit projects under Metrolinx's delivery authority. The measures introduced by the BTFA provide:
• The ability to enter lands for due diligence work (e.g., soil testing), removal of obstructions and encroachments (e.g., trees), addressing imminent danger, and ensuring that a permit or stop-work order is being complied with;
• A framework for enhanced coordination of utility relocations to support better management of project schedules and costs;
• A streamlined land assembly process;
• An approach to municipal permits, and backstop authority to compel access to municipal rights-of-way and services (water, sewer); and
• Requirements for owners of adjacent land and infrastructure to obtain a corridor development permit for construction and development activities that may interfere with transit construction.

In March 2021, a Minister's regulation (O.Reg. 181/21) came into force, delegating certain provisions of the BTFA to Metrolinx. Certain BTFA measures, such as utility coordination and municipal right-of-way access would be immediately available to be used for provincial transit projects upon Royal Assent of the proposed BTFA amendments. The other three measures - corridor development permits, entering lands, and land assembly - would become available to Metrolinx upon designation of transit corridor lands.  Expanding the definition of transit projects under the BTFA will help the government's plan to build transit faster so Ontarians can get to where they want to go, when they want to get there, while reducing congestion and driving economic growth.

[10]   PROPOSED AMENDMENT TO THE METROLINX ACT, 2026

Proposal number: 25-MT006, Comments open until June 11^th.

Link to commenting post: Ontario Regulatory Registry

The Metrolinx Act, 2006 establishes Metrolinx as a Crown agency of the Ontario government with a mandate to, among other things, coordinate and integrate transportation systems in the Greater Toronto and Hamilton Area (GTHA) to improve transit services, manage regional transit systems, and to ensure integration with local municipal transit.  The proposed amendment permits the Minister of Transportation to request certain information and data from municipalities or municipal agencies necessary to support the development of provincial transit projects or Transit-Oriented Communities projects.

Metrolinx plans and builds major provincial transit projects. The delivery of major transit projects requires negotiation and agreement with municipal governments, relying on the exchange of information and data to ensure transit project planning and delivery is successful. Where information is not shared sufficiently or in a timely manner, this may result in significant project delays, reductions in efficiencies, as well as legal and reputational risks. If approved, the proposed amendment would contribute to accelerating timelines associated information and data exchange for transit project delivery.

OHBA is seeking comments from members in relation to Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025.

All comments are to be sent to kjensen@ohba.ca no later than May 31, 2025.

Proposal number:  25-MOI003, Comments open until June 12^th.

Link to commenting post: Bill 17- Protect Ontario by Building Faster and Smarter Act, 2025 - Accelerating Delivery of Transit-Oriented Communities | Environmental Registry of Ontario

Changing the definition of Transit-Oriented Communities (TOC):  The Transit-Oriented Communities Act, 2020, currently defines a TOC project as part of a priority transit project; and located on transit corridor land. This definition excludes transit projects along the GO and LRT networks, reducing opportunities to develop mixed-used communities along these networks.  To address this, the province is also proposing to expand the scope of a priority transit project under the Act to include provincial transit projects such as TOCs, mirroring the proposed amendments to the Building Transit Faster Act, 2020, led by the Ministry of Transportation.

Exempting approvals for municipal agreements and ancillary TOC project agreements: Order In Council approval is required to enter into agreements, which can slow down execution. The proposal would seek to exempt certain agreements from requiring an Order in Council approval when other approvals are in place.

Environmental Implications: By implementing the proposed changes, MOI will be accelerating the creation of more TOCs, which in turn would help create high-density, vibrant, mixed-use communities with more housing and jobs near transit stations. The related development and construction of these communities may have a negative impact to the environment, while encouraging people to use public transit in close proximity, which will reduce car dependency, traffic congestion and emissions.

OHBA is seeking comments from members in relation to Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025.

All comments are to be sent to kjensen@ohba.ca no later than May 31, 2025.

Proposal number:  25-MOI003, Comments open until June 11^th.

Link to commenting post: Ontario Regulatory Registry

The Ministry of Infrastructure Act, 2011 is proposed to be amended to provide the Minister of Infrastructure with the authority to direct a municipality and/or a municipal agency to provide information or data that may be required to support the development or implementation of a project funded by the provincial government.  The Ministry of Infrastructure Act was introduced to provide the scope of work that would fall within the purview and authorities of the Ministry to accelerate and deliver on government infrastructure projects. There are currently challenges in meeting project timelines, land access issues and lengthy approval and notification periods that have stalled provincially funded infrastructure projects. There have been examples of infrastructure project delivery challenges where lack of access to timely information have resulted in costly delays in meeting project delivery timelines. This amendment would provide the Minister of Infrastructure with the authority to request information and data from a municipality or municipal agency needed to support provincially funded infrastructure projects.

This power is intended to only be used where municipal information or data is necessary for the timely delivery of provincially funded projects, and where a municipality has been unwilling to provide this information through voluntary means or good faith negotiations. The proposed amendment would help the province ensure that it has the information necessary to determine which municipal lands are needed for a project and what other constraints may exist to accelerate property negotiations and meet project timelines. It aims to facilitate faster, more efficient infrastructure development, which can enhance connectivity, reduce congestion, support economic growth, and improve quality of life.  The proposed amendment is enabling legislation; the new provisions are only intended to be used where the province is not able to acquire the requested information from a municipality through good faith negotiations. As such costs and benefits could only be calculated on a case-by-case basis. Any direct costs would be minimal and related only to assembling and transmitting required documents to the Minister or the Ontario Infrastructure and Lands Corporation.

OHBA is seeking comments from members in relation to Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025.

All comments are to be sent to kjensen@ohba.ca no later than May 31, 2025.

Proposal number: ERO 025-0461, Comments open until June 11^th.

Link to commenting post: Proposed Planning Act and City of Toronto Act, 2006 Changes (Schedules 3 and 7 of Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025) | Environmental Registry of Ontario

Proposed Planning Act and City of Toronto Act, 2006 changes

Schedule 3 and 7 of Bill 17 propose a number of amendments to the Planning Act and City of Toronto Act, 2006. If passed, proposed changes would:

Minor Variances (As of Right Variation from Setback Requirements)

• Remove municipal zoning by-law barriers by providing for regulation-making authority that could provide for variations to zoning by-laws to be permitted “as of right” if a proposal is within a prescribed percentage of the required setback (the minimum distance a building or structure must be from a property line or other protected area) on specified lands.

• Specified lands would include parcels of urban residential lands outside of the Greenbelt Area, and exclude areas such as hazardous lands, and lands near shorelines and railways.
• This would mean that appearing before a municipal committee of adjustment would not be necessary for proposals that otherwise comply with zoning by-laws but need variations from setback requirements no greater than the prescribed percentage.
• The proposed changes would work with Ontario Regulation 299/19: Additional Residential Units to help create additional residential units, such as basement suites, by eliminating additional barriers related to setbacks.

Minister’s Zoning Order

• Allow the Minister of Municipal Affairs and Housing to impose conditions (i.e., on municipalities or proponents) that must be met before a use permitted by a Minister’s zoning order comes into effect. 

• This enhanced oversight would ensure projects meet requirements and increase transparency and accountability in the Minister’s zoning order process.

Study Requirements (Complete Application) and Certified Professionals

• Provide more consistent rules across municipalities on the information and studies that may be needed for planning applications like official plan and zoning by-law amendments. The changes would limit municipal complete application requirements to what is currently identified in the municipal official plans, any new or revised requirements would have to be approved by the Ministry of Municipal Affairs and Housing.
• Create regulation-making authority to create rules to:

• List topics that could not be required for a complete application,
• List the only studies that could be required as part of a complete application, and
• Specify certified professionals from whom municipalities would be required to accept studies.

Streamline Planning Approval for Schools

• Exempt the placement of all portable classrooms at public school sites from site plan control. Currently, public school sites built prior to January 1, 2007 are exempt from site plan control when adding a portable classroom. This change would extend the exemption to all school sites.
• Amend the Planning Act to provide explicit permission for the use of Kindergarten to Grade 12 public schools and ancillary uses (such as associated childcare) on urban land zoned for residential uses “as-of-right". In some cases, this could remove the need for a rezoning application, saving approximately 6-18 months from the approvals process.

OHBA is seeking comments from members in relation to Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025.

All comments are to be sent to kjensen@ohba.ca no later than May 31, 2025.

Proposal number: ERO 025-0463, Comments open until June 26^th.

Link to commenting post: Proposed Regulation– As-of-right Variations from Setback Requirements | Environmental Registry of Ontario

Schedule 7 of Bill 17 proposes to amend the Planning Act to provide regulation-making authority to reduce planning applications for minor variances. If passed, Bill 17 would enable the Minister, by regulation, to permit variation to a zoning by-law to be “as of right” if a proposal is within a prescribed percentage of the required setback (the minimum distance a building or structure must be from a property line) on specified lands.  Specified lands would include parcels of urban residential lands outside of the Greenbelt Area, and exclude areas such as hazardous lands, and lands near shorelines and railways.  The proposed changes would work with Ontario Regulation 299/19: Additional Residential Units to help create additional residential units, such as basement suites, by eliminating additional barriers related to setbacks.

Minor Variances

The Planning Act and its regulations set out the process for landowners or developers to request a minor variance when their proposal doesn’t conform exactly to the zoning by-law. A minor variance is an approval for a small departure from a zoning by-law. The Act establishes a fourfold test that committees of adjustment must consider when they review and authorize minor variances: whether the proposed change 1) is minor, 2) meets the intent of the official plan, 3) meets the intent of the zoning by-law, 4) is desirable for development. Municipalities can also establish additional criteria for minor variances by by-law.  Committees of adjustment members are appointed by municipal councils to deal with minor problems in meeting by-law standards. The committee of adjustment holds regular hearings to decide on applications. Applications should explain how a proposed variance is minor in nature and why it is needed.

Proposed Contents of a Regulation under the Planning Act

The government is consulting on a proposed regulation that would allow variations to be permitted “as-of-right” if a proposal is within 10% of setback requirements applicable to specified lands. For example, if your local zoning by-law requires a 5 metre front yard setback from the property line, this would effectively reduce the setback to 4.5 metres and you would be allowed to build .5 metre (half of a metre) into that 5 metre setback as-of-right, without a minor variance or zoning by-law amendment.  This would mean that there would be fewer applications submitted and fewer hearings for minor variances before a municipal committee of adjustment for these proposals. The province is looking for your thoughts on the contents of the proposed regulation and/or further opportunities to allow variations “as-of-right” for additional performance standards (e.g. height, lot coverage)

OHBA is seeking comments from members in relation to Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025.

All comments are to be sent to kjensen@ohba.ca no later than May 31, 2025.

Proposal number: ERO 025-0462, Comments open until June 26^th.

Link to commenting post: Proposed Regulations– Complete Application | Environmental Registry of Ontario

Schedules 3 and 7 of Bill 17 propose to amend the Planning Act and the City of Toronto Act, 2006 to limit complete application (studies/reports) requirements to what is currently identified in municipal official plans, except where the Ministry of Municipal Affairs and Housing approves the changes.  Bill 17, if passed, also includes regulation-making authority that would enable the Minister of Municipal Affairs and Housing to further regulate the reports or studies required as part of a complete application. The changes would enable the Minister, by regulation, to:

• prescribe a list of subject matters for which studies cannot be required as part of a complete application;
• identify the only studies that could be required as part of a complete application;
• specify certified professionals from whom municipalities would be required to accept studies.

Collectively, the proposed changes would have the effect of reducing the number of studies that make up a complete application when proponents submit development proposals to municipalities.

Complete Application Requirements

The Planning Act and its regulations set out the minimum requirements for the information that must be submitted with various planning applications. Currently, municipalities can also require information or materials in addition to the minimum provincial requirements for most of these application types (i.e., official plan amendment, zoning by-law amendment, subdivisions, consent and site plan) as set out in official plan policies.  A planning application is considered “complete” when it contains all the information required by the relevant sections of the Planning Act, relevant Minister’s regulation(s), as well as the additional materials or requirements set out in the applicable official plan.  Complete application requirements ensure the information needed to assess planning applications is included with the application to enable municipalities to make timely decisions.

Proposed Contents of a Regulation

Currently, there is inconsistency in the scope, type and number of studies required for planning applications across Ontario. Municipalities can require various studies and reports, leading to delays and complications in the application process. The government is looking to create more consistent and predictable requirements across municipalities.  The province is consulting on proposed regulations that would, if Bill 17 is passed, limit the information and material that may be required by a municipality as part of an application for an official plan amendment, zoning by-law amendment, site plan control, plan of subdivision or consent.

Specifically, it is proposed that the following topics could not be required as part of a complete planning application:

• Sun/Shadow: information and material related to the impact of shadows cast by a proposed development on the subject land and on surrounding lands including streets.
• Wind: information and material related to the potential impacts of a proposed development on wind conditions in surrounding areas.
• Urban Design: information and material concerning the urban design of a proposed development, including how a proposed development aligns with municipal urban design guidelines or policies.
• Lighting: information and material related to lighting and lighting levels on the site, including the location and type of lighting fixtures proposed on the exterior of the building and on the site.

The province is also looking for thought on:

• What topics or studies should be identified as being permitted to be required by municipalities as part of a complete application?
• Which certified professionals (e.g., professional engineers) should be included in the list of professionals whose reports/studies would be required to be accepted as final submissions by a municipality as part of a complete planning application

OHBA is seeking comments from members in relation to Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025.

All comments are to be sent to kjensen@ohba.ca no later than May 31, 2025.

[2]   DEVELOPMENT CHARGES ACT

Proposal number: 25-MMAH003, Link to commenting post:  Ontario Regulatory Registry, comments open until June 11^th.  

The following amendments to the Development Charges Act, 1997 have been proposed:

1. Create a Regulation-Making Authority to Merge Service Categories for Development Charge Credits: When builders construct infrastructure for a municipality, they can recoup those infrastructure costs in the form of a credit used towards their DCs payable.  However, unless the municipality provides an exception through an agreement, these credits can only be used towards DCs for the same service (for example, DC credits for road-related infrastructure can only be applied to road DCs.) This proposal would create a new regulation-making authority to merge service categories for the purpose of DC credits.

2. Create Regulation-Making Authority to Specify What Constitutes a "Local Service":
"Local services" are infrastructure that a municipality can require a builder to build as part of their development. Examples could include sidewalks or street lighting.  Currently, the Development Charges Act, 1997 prohibits municipalities from levying DCs in respect of these local services. However, there is no formal definition of "local services" in the Act.  This proposal would create regulation-making authority to prescribe what constitutes a local service for which DCs may not be charged, but which may be secured through agreements as a condition of land division.

3. Expand the Development Charge Deferral to Non-Rental Residential Developments:
Currently, most DCs are payable to municipalities at the time a building permit is issued. DCs on rental housing and institutional development are able to be paid in instalments later in the development process, beginning at occupancy. This proposal would provide for payment of DCs for non-rental residential developments to be made in full at the earlier of the date an occupancy permit is issued and the date a development is first occupied.

Related amendments would also:
-provide municipalities with the authority, in circumstances set out in regulation, to require a financial security to secure payment of deferred DCs for residential developments other than rental housing developments, subject to any limitations on that security set out in regulation; and
-remove interest from being charged by municipalities on any legislated DC deferral amounts, except to the extent such interest has accrued prior to these changes coming into force.

4. Changes to Reduce DCs:
If a municipality wishes to amend their DC by-law to provide developments relief, such as from increases due to indexing of rates, the municipality would need to undertake certain procedural steps such as preparing a background study.  To save municipalities time and improve cost predictability for new developments, this proposal would enable municipalities to make any changes to their DC by-laws for the sole purpose of reducing DCs or removing indexing, without having to undertake certain procedural requirements, such as preparing a DC background study or holding a public meeting.

5. Create a Regulation-Making Authority to Limit Eligible Capital Costs:
The Development Charges Act, 1997 lists capital costs that are eligible to be recovered from development charges.  This proposal would create regulation-making authority to prescribe exceptions, including conditional exceptions, to capital costs that are eligible to be recovered from DCs, including the costs of acquiring or improving land.

6. Changes to the Application of the DC Freeze:
DCs are set ("frozen") when a builder submits a site plan application or zoning application to the municipality. The DCs remain frozen for eighteen months after the relevant application is approved. The development pays the frozen DC rate if they are issued a building permit within the freeze period; otherwise, the development must pay the current development charge rate.  To help prevent homebuilding from being delayed and to reduce the administrative burden on builders and municipalities from re-submitted applications, this proposal would provide that frozen DC rates are not applicable if the current DC rates in effect would result in a lower payment.

7. Exempt Long-Term Care Homes from Development Charges:
Currently, long-term care homes are considered an institutional development and payment of the applicable DCs is deferred to the day an occupancy permit is issued or the day on which the development is first occupied.  However, despite the payment deferral, payment of DCs for these institutions can serve as a financial barrier for the building of this provincial priority.  This proposal would exempt long-term care homes within the meaning of subsection 2 (1) of the Fixing Long-Term Care Act, 2021 from municipal development charges.  For long-term term care homes that are combined with other types of development, such as commercial developments, only the long-term care home portion of the development would be exempt from DCs.

OHBA is seeking comments from members in relation to Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025.

All comments are to be sent to kjensen@ohba.ca no later than May 31, 2025.

[1]   BUILDING CODE ACT - ELIMINATING SECONDARY APPROVALS FOR INNOVATIVE CONSTRUCTION MATERIALS

Proposal number: 25-MMAH004, Link to commenting post:  Ontario Regulatory Registry, comments open until June 11^th. 

• Schedule 1 of Bill 17 proposes changes to the Building Code Act which includes adding a provision to clarify that municipalities do not have the authority to create or enforce their own construction standards, which includes Building Green Standards.
• This is scheduled to come into effect on July 1, 2025.

The province has commenced their consultations on Bill 17, Protect Ontario by Building Faster and Smarter Act, 2025 with a series of ten postings on the Ontario Regulatory Registry and the Environmental Registry of Ontario, where comments are being requested by either June 11^th, 12^th or June 26^th.  The ORR and ERO postings relate to proposed changes to the existing Planning Act, and Development Charges Act under the Ministry of Municipal Affairs and Housing, but there are also proposals related to the Ministry of Transportation and Ministry of Infrastructure to support Bill 17.

The Ontario Home Builders’ Association is collecting feedback to prepare the association submissions on behalf of all 28 HBAs, and they are asking for your review and comment on the material that has been posted.  All postings have been consolidated below for ease of reference.

Although the province is seeking comments for various due dates, there is significant overlap between the supportive postings.  Therefore, we request that you send your comments NO LATER than May 31^st to kjensen@ohba.ca. 

Also, OHBA is in the process of scheduling a member information session for all the local associations in early June.  We kindly ask that upon your review of the legislation, background material from the e-mail below, and the ORR/ERO postings that you send any questions, or points of clarification at your earliest convenience to kjensen@ohba.ca so that they can be addressed in the information session.

For your reference, a copy of the legislation can be accessed here:

Bill 17, Protect Ontario by Building Faster and Smarter Act, 2025 - Legislative Assembly of Ontario

A presentation given to local chairs and EOs can be found here.

The Town of Whitby is hosting a public meeting about Development Related Fees on Monday, June 2, 2025 at 7 p.m. at Whitby Town Hall in Council Chambers.

The Town commissioned a report from Watson and Associates.  A Planning Fees table has also been created that shows the current fee, the Watson-recommended fee, and staff's recommended fee. The staff report can also be found here.

If you have any questions, comments or concerns, please contact Stacey.