EXPLANATORY NOTE

The Bill amends the Planning Act to require official plans to contain policies authorizing, in areas of settlement, the use of up to four residential units in a detached house, semi-detached house or rowhouse as well as multi-unit residential buildings of up to four stories. The Act is amended to provide that there are no appeals in respect of such policies, with the exception of appeals by the Minister. A new section 35.0.1 requires the council of each local municipality to ensure that the by-laws it passes under section 34 give effect to such policies.

Bill 44 2022

An Act to amend the Planning Act with respect to residential unit policies in official plans

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1 Section 16 of the Planning Act is amended by adding the following subsections:

Residential unit policies

(2.1)  An official plan shall contain policies that authorize, in areas of settlement,

  (a)  the use of additional residential units by authorizing the use of up to four residential units in a detached house, semi-detached house or rowhouse; and

  (b)  multi-unit residential buildings of up to four stories.

Appeals re policies

(2.2)  Despite subsections 17 (24) and (36), there is no appeal in respect of the policies described in subsection (2.1), including, for greater certainty, any requirements or standards that are part of such policies.

Same

(2.3)  Despite subsection 34 (19), there is no appeal in respect of the parts of a by-law that give effect to policies described in subsection (2.1), including, for greater certainty, an appeal in respect of any requirements or standards relating to such policies.

Exception re Minister

(2.4)  Subsections (2.2) and (2.3) do not apply to an appeal by the Minister.

2 Subsection 22 (7.2) of the Act is amended by adding the following clause:

(b.1) amend or revoke the policies described in subsection 16 (2.1), including, for greater certainty, any requirements or standards that are part of such policies;

3 The Act is amended by adding the following section:

By-laws to give effect to residential unit policies

35.0.1  The council of each local municipality shall ensure that the by-laws passed under section 34 give effect to the policies described in subsection 16 (2.1).

Commencement

4 This Act comes into force on the day it receives Royal Assent.

Short title

5 The short title of this Act is the Building More Homes by Ending Exclusionary Zoning Act, 2022.