BILL 108 UPDATE: Changes to the Land Use Planning Process Are Taking Effect on September 3, 2019

More changes to the land use planning process in Ontario will take effect on September 3, 2019.  ­­

Bill 108, the More Homes, More Choice Act, 2019, S.O. 2019, c. 9, which received Royal Assent on June 6, 2019, amends 13 statues across multiple ministries that impact municipalities and reform the land use planning process.

The changes taking effect on September 3, 2019 include significant amendments to the Planning Act, R.S.O. 1990, c. P. 13 and the Local Planning Appeal Tribunal Act, 2017, S.O. 2017, c. 23, Sched. 1.

Amendments to the Local Planning Appeal Tribunal Act taking effect on September 3, 2019 include:

  • The removal of restrictions on a parties’ ability to adduce evidence or call and/or examine witnesses during Local Planning Appeal Tribunal (“LPAT”) hearings;
  • Limiting submissions by non-parties to a proceeding before the LPAT to written submissions only. The LPAT may still require such non-parties to be examined or be required to produce evidence; and, 
  • Requiring a mandatory case management conference for certain appeals (official plans, zoning by-laws, plan of subdivisions) to the LPAT under the Planning Act.

Amendments to the Planning Act taking effect on September 3, 2019 include:

  • Reducing the timelines for municipalities to make decisions on planning applications before an appeal can be launched:
    • For Official Plan Amendments: the new timeline is 4 months (120 days) where it is currently 7 months (210 days)
    • For Zoning By-law Amendments: the new timeline is 3 months (90 days) where it is currently 5 months (150 days)
    • For Plans of Subdivision Applications: the new timeline is 4 months (120 days) where it is currently 6 months (180 days)

  • Removing the provisions which restrict the grounds of appeal for official plans and zoning by-laws to inconsistency and non-conformity to higher order planning instruments;
  • Restricting third party appeals of plans of subdivision decisions and non-decisions on official plans and official plan amendments;
  • Permitting additional residential units by authorizing two residential units in a house, as well as a residential unit in a building or structure ancillary to a house;
  • Allowing a Minister to require a local municipality to adopt or establish a development permit system that applies to a specified area; and,
  • Allowing the use of inclusionary zoning around major transit station areas and/or areas where a development permit system is required by the Minister.

Should you have any questions with respect to the impact of the Bill 108, the More Homes, More Choice Act, 2019, S.O. 2019, c. 9, on your development applications or appeals, please do not hesitate to contact us.

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