What Was Old is New Again: Proposed Changes under the Cutting Red Tape to Build More Homes Act, 2024

I. Introduction

On April 10, 2024, the Ontario government (the “Province”) introduced Bill 185: Cutting Red Tape to Build More Homes Act, 2024 (“Bill 185”), which simultaneously reintroduces and repeals prior changes to the planning and development regime in Ontario. The proposed legislation includes various amendments to 15 Acts, including the Planning Act, the Development Charges Act, 1997, the Municipal Act, 2001, and the City of Toronto Act, 2006, among others. This article provides a brief overview of these proposed legislative changes as it relates to planning and development.

II. Highlights of the Proposed Legislative Changes

Bill 185 introduced a series of amendments to Ontario’s planning system. These amendments include the following matters:

1. Limits on Third-Party Appeals
2. Dismissal of Existing Third-Party Appeals
3. Repeal of Application Fee Refund Requirements
4. Repeal of Mandatory Pre-Application Consultations
5. Studies Returned as Eligible Capital Costs for Development Charges
6. Repeal of Statutory Phase-In of Development Charge Rates
7. Increased Regulation-Making Power Regarding Accessory Units
8. Changes to Upper-tier Municipalities Without Planning Responsibilities
9. New Limits on Parking Requirements
10. Removal of the Community Infrastructure and Housing Accelerator ("CIHA") Tool
11. Exemptions for Undertakings of Post-Secondary Institutions
12. The Creation of a "Use It or Lose It" Framework
13. Permitted Appeals of Settlement Boundary Expansions
    

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