Provincial Bill 109, More Homes for Everyone Act, 2022
Bill 109 was passed into law by the Provincial Government and has been in force since July 1st, 2022.
Changes to City of Toronto Planning Processes:
Removes Councillor's role and delegate Site Plan Approval to municipal staff;
Mandatory pre-application consultations (PAC) for new proposals as of April 3, 2023
Enhancements to the Application Information Centre (AIC) will enable the City to provide public information about complete applications earlier in the process.
Preliminary Reports for development applications are now eliminated
A pre-application checklist and summary will replace these reports, and contain similar information
Community Consultation Meetings (CCMs) will be now be consolidated into groups based on submission date, geography, and/or approval date and held on a regular basis
This means that more than one application will be considered per meeting
Community Benefit Charges (CBCs) by-law will be reviewed at least every five years
Maximum parkland contributions for “Transit-Oriented Communities” will be imposed:
5 hectares or less will have a maximum contribution of 10% of lands or the land value
More than 5 hectares will have a maximum contribution of 15%
This greatly reduces the requirement for developers to include parkland in their development application
Adding to the powers under the Ministerial Zoning Order the use of the MZO, the Minister of Municipal Affairs and Housing can now use the Community Infrastructure and Housing Accelerator Tool (CIHA), to make zoning orders requested by municipalities through a resolution by Council
New Provincial fines imposed on the City if it does not make a decision on development applications:
The City is required to refund development fees if a decision is not made on an application within a provincially-mandated timeline:
All city departments must comply with this new timeline, including Planning, Building, Parks, Transportation, Water, Environment, Urban Forestry, Toronto Conservation Board, and others
Official Plan Amendment and Zoning By-Law Amendment Applications make up the majority of applications submitted to the City
Failure to make a decision in 179 days requires a return of 50%, 239 days return 75%, or 240 or more days return 100% of the fees paid.
Bill 109 amends five pieces of legislation:
The City of Toronto Act, 2006; The Development Charges Act, 1997; The New Home Construction Licensing Act, 2017; The Ontario New Home Warranties Plan Act; and The Planning Act
