Below are several important ERO / Regulatory Registry postings that are relevant to our members.

1.Reg. Registry Posting 25-MMAH016: Proposed Building Code amendments: occupancy permits for residential developments subject to deferred development charges

• Link & details: Regulatory Registry Proposal 51914
• Details: The province is proposing amendments to the Building Code to support new rules under Bill 17. Builders of non-rental residential projects who defer development charge (DC) payments would now be required to obtain an occupancy permit, which cannot be issued until all deferred DCs are paid. The change aims to improve municipal collection certainty.
• Two important notes: The Ministry is determining whether there is support for extending the time for municipalities to complete a prescribed inspection to permit occupancy from 2 days after receipt of the notice to 10 days after receipt of the notice where DCs have been deferred. Please indicate your feedback particularly on this time frame. Secondly, this proposal is a significant change for municipalities that don’t currently have an occupancy-permit process, as they would need to implement one for these types of projects. A chief building official (CBO) must not issue the occupancy permit until the municipality confirms the deferred DCs have been paid in full.
• Previous submission by OHBA: Regulatory Registry Proposal #25-MMAH003 - Changes to the Development Charges Act, 1997
• We expect that following this posting, the Ministry will move quickly on implementing the final step of this process which is the Building Code change that would operationalize the deferral of DCs to the occupancy stage of the permit process.
• Comment deadline: Oct 17, 2025
• Please have any feedback or comments to kjensen@ohba.ca by TUESDAY OCTOBER 14, 2025

• 2. ERO Notice 025-0909: Proposed Regulations under the Species Conservation Act, 2025

• Link & details: ERO 025-0909  
• Details: The province is consulting on five new regulations to bring the Species Conservation Act, 2025 into force, replacing the Endangered Species Act, 2007. The new framework introduces a registration-first approach to streamline approvals while maintaining protections for species and habitats. The proposal also includes minor legislative and regulatory amendments to align related laws with the new Act. These regulations are foundational to how species protections will be enforced in Ontario. They may introduce new registration, monitoring, mitigation, or compliance obligations for land use, infrastructure, or development.
• Previous submission by OHBA: ERO #019-9196 Proposed Interim Changes to the Endangered Species Act, 2007, and a proposal for the Species Conservation Act, 2025
• Comment deadline: November 10, 2025
• Please have any feedback or comments to kjensen@ohba.ca by FRIDAY OCTOBER 31, 2025

• 3.ERO Notice 025-1081: Proposed Archaeology Exemptions under the Ontario Heritage Act

• Link & details: ERO 025-1081
• Details: The province is proposing a new regulation under the Ontario Heritage Act to establish criteria and processes for exempting certain properties from archaeological assessment requirements. The framework would require ministries to show the economic or strategic importance of a project while ensuring protection for significant archaeological and burial sites. This aims to balance development priorities with responsible conservation.
• An accompanying operational policy is also being considered to clarify process details, such as required documentation, screening steps, and conditions that may apply to exemptions.
• Comment deadline: November 16, 2025
• Please have any feedback or comments to kjensen@ohba.ca by FRIDAY NOVEMBER 7, 2025

• 4.ERO Notice 025-1077: Proposed Criteria for Special Economic Zones (SEZs)

• Link & details: ERO 025-1077
• Details: This is part of the regulatory framework for the new Special Economic Zones Act, 2025. It proposes criteria for designating zones, projects, and proponents to ensure Special Economic Zones advance important economic activities while meeting high standards for operation, safety, and the environment.
• Previous submission by OHBA: ERO # 025-0391 – Special Economic Zones Act, 2025
• Comment deadline: November 16, 2025
• Please have any feedback or comments to kjensen@ohba.ca by FRIDAY NOVEMBER 7, 2025                                                                                           

• 5. ERO Notice 019-2770: Decision / Update to Ontario Heritage Toolkit

• Link & details: ERO 019-2770
• Nature of posting: This is a decision / closed consultation rather than a call for new comment.
• The Ministry of Citizenship and Multiculturalism has published the updated Ontario Heritage Tool Kit on Ontario.ca. The tool kit consists of five guides that support municipalities with the implementation of Ontario Heritage Act (OHA). Updates reflect legislative changes through omnibus Bills enacted between 2019-24. The revisions to the Ontario Heritage Toolkit will influence how municipalities and heritage authorities interpret and implement heritage policies. The updated toolkit may alter expectations, processes, and documentation required for heritage review and impact assessments.