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.

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.

The City of Oshawa has issued a request for proposal for a proposed development scheme for City-owned lands at 47 Bond Street West that will result in the redevelopment/adaptive re-use of the site, in whole or in part, that will make a positive contribution to downtown Oshawa.

View the full bid notice here or visit here for more information.

On December 18, 2024, the Ontario Government published the final version of the regulation that will allow for the use of pay on demand Surety Bonds by landowners or applicants to secure municipal obligations as a part of the planning process. This regulation was posted and brought into force on November 19th and has been slightly amended through the recently concluded consultation period. This is an issue that OHBA has long been advocating for and strongly supports. OHBA worked closely with the Surety Association of Canada on developing recommendations on how surety bonds would work in Ontario.

The regulation states that landowners or applicants “may” stipulate that a surety bond is used to secure an obligation imposed by the municipality as a condition of approval for a land use planning matter. Implicit in this is municipalities must accept them, since it is a choice the landowner or applicant makes, not the municipality.

However, anecdotally we understand that some municipalities may not be in the position to begin accepting them immediately. The regulation did not stipulate a phase in period, and we are not aware of any guidance that went from the Ministry of Municipal AOairs and Housing to municipalities regarding accepting surety bonds in place of letters of credit. As a result, this may lead to some confusion in the municipal sector with some municipalities choosing not to accept them at this point. We expect that the situation will resolve quickly and builders can begin using surety bonds rather than Letters of Credit if they choose.

OHBA has been advocating for the ability for builders to swap out existing Letters of Credit for surety bonds.  This move would free up capital held by letters of credit for builders, reduce the cost of building houses and have no risk for municipalities. Currently, it is up to the municipality to decide whether they will exchange existing letters of credit for surety bonds. There is nothing in the regulation that speaks to this, and OHBA will continue to push the Government to put in place rules that would mandate this across the province.

As part of the regulation making process the Government of Ontario asked for comments on the regulation they posted in November. As a result of the consultation there was one amendment made to the regulation regarding the acceptable credit rating required for bonds rated by the A.M Best Company Inc.

The original regulation stipulated the bonds rated by the A.M Best Company, Inc. had to have a credit rating of “A”. The Surety Association of Canada, supported by the OHBA, recommended that to foster more competition in the bond market the credit rating from bonds rated by the A.M Best Company, Inc should be lowered to “A-.” The province accepted this recommendation.

The regulation can be found here https://www.ontario.ca/laws/regulation/r24461

The final decision can be found here https://ero.ontario.ca/notice/019-9198

The Durham Region Home Builders' Associated was saddened to hear of the passing of Tyler Main, owner of HKLA (Landscape Architects).  HKLA has been a long-time member of DRHBA and Tyler took over the business in 2020.  Tyler was known to members as hardworking, driven and passionate, and he will be greatly missed.

View the obituary here.