Cutting Red Tape to Build More Homes

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The Cutting Red Tape to Build More Homes Act, 2024, part of Ontario'sSpring 2024 Red Tape Reduction Package, will help build a stronger economy, keep costs down, save time and improve service delivery for businesses and Ontarians.

The proposed legislation focuses on cutting red tape where it's needed most: building homes. Red tape is one of the biggest barriers to getting shovels in the ground and the initiatives proposed today would take significant action to streamline approvals and increase housing and infrastructure development across Ontario.

The proposed legislation also includes measures to remove unnecessary burdens and foster a strong business climate while ensuring appropriate regulatory oversights that protect the public, workers and the environment.

Below is a detailed list of proposed initiatives in the Cutting Red Tape to Build More Homes Act and broader Spring 2024 Red Tape Reduction Package:

Ministry of Agriculture, Food and Rural Affairs (OMAFRA)

Amending the Line Fences Act: The Ontario government is proposing to modernize legislation that provides a cost-effective tool to resolve fencing disputes between adjacent property owners. The proposed Line Fences Act amendments would remove outdated aspects of the legislation and reduce burden for municipalities.

Ministry of Colleges and Universities (MCU)

Amending the Composition of the Board in the Université de Hearst Act, 2021: The Ontario government is proposing to amend the Université de Hearst Act, 2021 to reduce the size of the university's board of governors, following a request by the institution. This change would allow the university to have a board proportionate to the size of the institution, aligning with sector best practices.

Amendments to Redeemer Reformed Christian College: The Ontario government is proposing to amend the Redeemer Reformed Christian College Act, 1998 to reduce the size and simplify the composition of Redeemer University's board of governors, following a request by the institution. These changes would allow its board to operate efficiently and govern effectively, as well as aligning it with sector best practices.

Ministry of Education (EDU)

Amendments to An Act to Incorporate the Trinity College School, S.O. 1872, c. 111:The Ontario government is proposing to amend An Act to Incorporate the Trinity College School, S.O. 1872, c. 111. Specifically, the ministry is proposing to remove non-active members from the governing body of the school, such as the Chancellor of Trinity College, and the Provost of Trinity College to streamline governance and reduce administrative burden. These board members are not active in governance activities and it is not feasible to have them participate in future meetings. There are also technical amendments to clarify that the corporation has the powers of a natural person and eliminate any ambiguity related to the corporation's power to appoint successors.

Ministry of Energy (ENERGY)

Modernizing Leave-to-Construct Approvals for Utility Relocation Projects: The Ontario government is proposing a legislative amendment to allow for regulations to broaden the Ontario Energy Board exemption from Leave-to-Construct (LTC) for hydrocarbon pipeline relocations or reconstruction. This would include relocations with land requirements, if certain criteria are met, that are part of priority transit projects or projects by a road authority. It would also clarify that for pipeline relocations not needing new land, LTC is only required if pipe size increases. This proposal would help reduce unnecessary regulatory burden, delays, and costs for pipeline projects to help build roads faster.

Ministry of the Environment, Conservation and Parks (MECP)

Burden Reduction for Ontario's Producer Responsibility Framework: The Ontario government is considering changes to the producer responsibility regulations that would reduce burden, increase flexibility and provide better ways to oversee the market. Ontario will be consulting on the following types of changes: reducing administrative burden and duplication by ensuring reporting requirements are not duplicative or onerous; clarifying rules for activities that are shared by producer responsibility organizations (PROs), such as when they share collection sites; allowing more flexibility for how producers and PROs establish and operate collection networks while ensuring consumers continue to have convenient access to recycling; and reviewing technical details in the regulations to make it easier for regulated parties to comply while still maintaining recycling outcomes. Changes to these areas would aim to improve Ontario's competitiveness, support stronger supply chains and make it easier for producers and businesses to work with the government.

Ministry of Health (MOH)

Streamlining Registration for Internationally Educated Health Professionals: The Ontario government is continuing to work with health regulatory colleges, such as the College of Nurses of Ontario, to streamline the registration process for internationally educated health professionals, while ensuring applicants can provide high quality and safe care. This work will make it faster and easier for internationally educated health professionals to start working in Ontario and provide greater access to care, choices in care providers and shorter wait times for patients and the public.

This is in addition to Ontario's "As of Right" rules making it faster and easier for out-of-province physicians, nurses, medical laboratory technologists and respiratory therapists registered in other provinces and territories to immediately start working in Ontario's public hospitals and long-term care homes, without having to first register with one of Ontario's health regulatory colleges.

Ministry of Labour, Immigration, Training and Skills Development (MLITSD)

Authority to Delegate for Skilled Trades Ontario's Registrar: The Ontario government is proposing legislative amendments to the Building Opportunities in the Skilled Trades Act, 2021 that would allow Skilled Trades Ontario's (STO) Registrar to delegate their duties and powers to one or more STO employee(s). This would help prevent delays in service and would support STO in responding to growing demand as the government continues to promote the skilled trades as a rewarding career path.

Email Service for Notices and Documents: The Ontario government is proposing regulatory changes under the Building Opportunities in theSkilled Trades Act, 2021 (BOSTA) to allow notices and documents to be served via email. The proposal would allow ministry inspectors to serve certain notices and documents via email as well as offer email service as an option under BOSTA, in order to streamline processes and save time.

Ministry of Northern Development (MND)

Northern Services Boards Act Modernization Initiative: Ontario is undertaking consultation with Local Services Boards (LSBs) and the public-at-large on potential legislative and regulatory framework changes to modernize the Northern Services Board Act to reduce burden, streamline processes, cut red tape, and promote northern economic and community development.

Ministry of Public and Business Service Delivery (MPBSD)

Fee Waiver for Access to Services for Indigenous People: Ontario is committed to advancing reconciliation and making it easier and more affordable for Indigenous people to access records and services. There is now a one-window process that eliminates the need to request death searches from two offices - the Archives of Ontario and ServiceOntario's Office of the Registrar General. As part of this process, fees are being permanently waived for death registration searches, death certificates, and certified copies of death registrations. Fees are also being waived to register a delayed registration of death for children who attended Indian Residential Schools. These permanent fee waivers provide ongoing financial relief for impacted Indigenous communities and families.

Regulating Business Service Standards: The Ontario government is introducing a regulation under the At Your Service Act, 2022 to require ministries to develop business service standards for permits and licence services delivered to businesses, and to report publicly on the service standards. This new regulation will help businesses understand how long they can expect to wait for a decision about a permit or licence they need so they can plan their work, and in combination with Ontario's single window for business initiative, make it easier for businesses to quickly find information about and track the progress of their permit and license applications.

Filming Fee Waiver: Ontario will no longer be charging fees for third party vendors to film at the Archives of Ontario. Previously, third party vendors had to pay a daily $6,300 fee to film at the Archives of Ontario. This often inhibited new and emerging artists and creators from considering the Archives as a site for their work. This reduces financial burden for businesses, organizations and artists and provides them with easier access to the historical information available at the Archives of Ontario.

Motor Vehicle Accident Claims Fund Debtor Repayment Modernization: The Ontario government changed a regulation to allow the government to accept credit and debit cards, and other modern forms of payment from debtors who owe money to the Motor Vehicle Accident Claims Fund. Currently, a debtor must repay the government in cash or by certified cheque, bank draft or money order.

Transfer Payment Modernization: The Transfer Payment Ontario system is the Ontario Public Service's single digital enterprise-wide platform for administering transfer payments. It helps ensure a common approach to transfer payments and simplifies program administration by streamlining access to funding and reducing administrative burden for recipients. In addition, it helps the government make data-driven decisions, while making it easier for citizens and organizations to interact with government.

Ministry of the Solicitor General (SOLGEN)

Amending the Coroners Act for Jury Roll Information: The Ontario government is proposing to amend the Coroners Act to require the Ministry of the Attorney General to provide additional information (including phone numbers, e-mail addresses and language preference) from the jury roll to help reduce the time and effort by the coroner when selecting prospective jurors. This change will improve communications with prospective jurors and ensure the Office of the Chief Coroner is able to conduct inquests efficiently and effectively.

Repealing the OSPCA Corporation Act, 2023:The Ontario government is repealing the Ontario Society for the Prevention of Cruelty to Animals Corporation Act, 2023 by way of an Order in Council to eliminate a law that is no longer required, as it was always intended to be transitional in nature.

Ministry of Tourism, Culture and Sport (MTCS)

Legal Name Changes for Arts and Tourism Organizations: The Ontario government is seeking to make changes that would help the Ontario Arts Council, Destination Ontario and Ontario Creates support brand awareness and remove needless complications by matching their legal names with their common, publicly recognized names: the Province of Ontario Council for the Arts to be changed to Ontario Arts Council; the Ontario Tourism Marketing Partnership Corporation to be changed to Destination Ontario; and the Ontario Media Development Corporation to be changed to Ontario Creates.

Streamlining Board Governance for the Niagara Parks Commission: The Ontario government is proposing amendments to the Niagara Parks Act to remove the requirement for an annual appointment resolution for municipal representatives to the Niagara Parks Board of Commissioners. This change would not affect municipal representation on the board and aligns the Niagara Parks Act with other similar agency acts that include municipal representation on their respective boards.

Ministry of Transportation (MTO)

Automated Vehicle Permit Validation: In the Spring 2022 Red Tape Reduction Package, the government eliminated licence plate renewal fees for passenger vehicles, light-duty trucks, motorcycles and mopeds, saving vehicle owners $120 a year in southern Ontario and $60 a year in northern Ontario. Now, the Ontario government is proposing changes to the Highway Traffic Act that would allow for the transition to automated renewal of licence plates for drivers in good standing (e.g., no compliance issues of insurance, fines or tolls).

Increasing Ontario's Collision Reporting Threshold: Given the rise in the Consumer Price Index, the Ontario government is increasing the dollar amount of damages required to report a motor vehicle collision to police. Where the collision involves damage to property only, the province is shifting the requirement from $2,000 to $5,000. Collisions involving personal injuries, property damage exceeding $5,000, or the door of a motor vehicle coming into contact with a cyclist or a moving vehicle (i.e. "dooring") will still need to be reported to police. Raising the amount for damages for reporting collisions where no one is injured to the police will help reduce the administrative burden on drivers, commercial vehicle operators, and police services.

Ministry of Municipal Affairs and Housing (MMAH)

Supporting Municipal Incentives for Economic Growth: Ontario is proposing changes to the Municipal Act, 2001 and the City of Toronto Act, 2006 that would allow the Lieutenant Governor in Council (LGIC) to make regulations to enable a municipality to provide incentives to specified businesses, if the LGIC considers the regulation necessary or desirable in the provincial interest to attract investment in Ontario. This will make it faster and easier for communities to compete for global, game-changing investments that create good-paying jobs.

Building More Student Housing: Ontario is proposing to exempt publicly-assisted universities from the Planning Act to accelerate the building of new student housing. ​This would provide them with similar treatment to publicly-assisted colleges, which are not subject to the Planning Act (e.g., rezoning and site plan requirements). This proposal could save years in approvals, avoid planning application fees and remove more barriers to building higher density student residences.​​ All colleges and universities would also be required to publish student housing policies to ensure students have access to and awareness of student housing options that are safe, affordable and within an easy commute to campus.

"Use it or Lose it": Stalled developments can limit a municipality's progress in meeting provincial housing targets. For example, seven municipalities have reported that 70,000 units have remained inactive for at least two years. Ontario is proposing to create a new "use it or lose it" process to enhance and expand a municipality's ability to address this obstacle and to support the efficient allocation of housing-enabling infrastructure. ​If passed, the proposed changes to the Municipal Act, 2001 and the City of Toronto Act, 2006 would enable municipalities to adopt policies setting out how water and wastewater servicing may be allocated and reallocated so that developments ready to proceed encounter fewer barriers and delays prior to construction. Proposed changes to the Planning Act would also establish a three-year timeframe for conditions to be met on pre-1995 draft subdivision approvals. This is a conditional approval for a development subject to some conditions being met, such as road widenings or parkland requirements. Under this proposal, if existing conditions are not met within the timeframe, the approval would expire or lapse. The ability to impose lapsing conditions has been in place for draft approvals since 1995. Proposed changes to the Planning Act would require a lapsing condition on all new draft subdivision and condominium approvals. Proposed changes to the Planning Act and City of Toronto Act, 2006 would also allow municipalities to apply lapsing conditions on new or previous site plan applications.

Getting Shovels in the Ground Faster for Priority Projects: Under the Planning Act, municipalities make decisions that determine the future of their communities, including making decisions on official plans, zoning by-laws, plans of subdivision, and site plan control. A new development may require many municipal planning approvals before construction begins. Some of Ontario's priority projects have encountered delays, while navigating through the planning approvals process. Ontario is exploring options to get shovels in the ground faster for priority government projects by consulting on a new expedited approval process for community service facilities starting with K-12 public schools and potentially extending in phases to long-term care and hospitals.

Providing Certainty for Planning Decisions and Enhancing Consultation Tools: Ontario is proposing to enable municipalities to give notice of new planning applications and community benefits charge by-laws and development charge matters on a municipal website if there is no local newspaper so that the public is well-informed about proposed changes in their communities. Ontario is also proposing to enhance public engagement for new planning applications by developing municipal best practices for public notice in partnership with municipalities, including multilingual notices to support culturally diverse communities.

At the same time, Ontario is proposing a change to the Planning Act to streamline certain third-party appeals to the Ontario Land Tribunal to help communities get quicker planning approvals for housing projects, reduce building costs and in some cases reduce project delays by up to 18 months. Between 2021 and 2023, approximately 67,000 housing units were subject to third-party appeals of official plans and rezoning. These changes will focus third-party appeals for official plans, official plan amendments, zoning by-laws and zoning by-law amendments to key participants (i.e. applicants, public bodies, First Nations and utility providers) to reduce costs and delays and help build homes faster. The proposed changes would also allow proponents to appeal to the Ontario Land Tribunal when a municipality refuses an application or does not make a decision on a settlement boundary change outside the Greenbelt Area, ensuring that decisions over boundary changes are subject to an independent and neutral process.

Taken together, these changes are intended to balance an improved and modernized public consultation system with the certainty needed to get shovels in the ground, reduce delays and remove unnecessary costs.

Eliminating Parking Minimums: The government is proposing to remove the requirement to have a minimum amount of parking spaces for developments in certain areas near most major transit stations. This proposed change to the Planning Act would apply to lands, buildings or structures located within Protected Major Transit Station Areas or other areas around subway, rail, and rapid bus stations that are designated for higher density (e.g. Major Transit Station Areas). The proposed change would let homebuyers and homebuilders decide parking spaces for new residential development near higher order transit, based on market needs. This could remove construction costs of between $2,000-$100,000 per parking space per project, helping to make more projects viable. Under existing requirements in some municipalities, this could save up to $50 million for a 500-unit development and make it cheaper to build and purchase new homes near transit.

Provincial Planning Statement Consultations: The government will be seeking feedback on other land use planning proposals through further consultation on an updated proposed Provincial Planning Statement (PPS), responsive to feedback received through the 2023 consultation. The PPS sets the rules for land use planning in Ontario. It covers policies about managing growth, using and managing natural resources, protecting the environment, and public health and safety. Key proposed changes would focus planning processes on housing outcomes and would include making it easier and faster to make land available for residential development, increasing intensification in areas close to transit and in strategic growth areas (including through redevelopment of underused plazas and shopping malls), supporting coordination between municipalities and school boards and promoting a range of housing options including student and senior's housing.

Reducing Barriers to Building Additional Residential Units: Ontario is proposing changes to the Planning Act that, if passed, would help create additional residential units, such as garden, laneway or basement suites, by providing authority for regulations to eliminate practical barriers to these units being built, which may include maximum lot coverage and limits on the number bedrooms allowed per lot​.

Reducing Red Tape in Planning Approvals: After consultations with municipal and housing sector partners, Ontario is proposing to remove fee refund provisions from the Planning Act and City of Toronto Act, 2006. In 2022, changes were made that require municipalities to gradually refund zoning by-law amendment and site plan application fees if they fail to make a decision on an application within legislated timelines. In order to make these timelines, some municipalities have adopted or proposed official plan policies that impose additional pre-application requirements, ultimately lengthening the application process. The proposed changes would help speed up local decisions that support more housing.

Standardizing Housing Designs to Build More Homes: Ontario is proposing to create a regulation-making authority to exempt standardized housing designs (once created) from certain sections of the Planning Act (e.g. zoning) and from planning provisions under the City of Toronto Act, 2006. If passed, this would allow the province to make regulations that would speed up approvals and allow Ontario to potentially partner with British Columbia and the federal government on a catalog of housing designs that could also be delivered even faster using modular construction​.

Updating the Building Code: Ontario will be releasing the next edition of Ontario's Building Code shortly with a focus on increasing housing supply, supporting public safety and innovation. This includes increasing harmonization with the National Construction Codes to allow for greater consistency and streamlining product manufacturing. The next edition would reduce red tape by over 1,730 provisions and increase harmonization with the National Construction Codes to 77 per cent, up from 71 per cent. Once the new code has launched, the province intends to increase the use of advanced wood construction like mass timber and consult with fire-safety stakeholders on single-exit stair in small residential buildings as well as improved safety measures for building residents and firefighters, such as sprinklers. Along with the new code, the province will develop a new guide, identifying pathways for innovative product approvals. The Building Materials Evaluation Commission handbook will also be updated to include a pre-submission protocol for applicants. The qualification and registration system for building practitioners has been modernized, moving to a more user-friendly and efficient platform.

Development-Related Charges on Housing: After consultations with its municipal partners, Ontario is proposing to eliminate the five-year phase-in of development charge rates. This would apply to development charge by-laws passed on and after January 1, 2022. On June 1, 2024, Ontario will also bring into force municipal development-related charge exemptions and discounts for affordable residential units to provide incentives for the development of affordable housing across the province. Proposed changes to the Development Charges Act would reduce the time that the development charge rate would be frozen from two years to 18 months after approval of the relevant application. This would give homebuilders an incentive to obtain a building permit earlier and get shovels in the ground faster.

Consulting on Financial Tools to Use in Planning Approvals: When home builders start a project, they may be obligated to provide financial assurance that the required infrastructure to support those homes, like sidewalks, will be built. This financial assurance is commonly provided through a letter of credit or cash. Ontario will be consulting on a potential regulation that would enable landowners to specify the instruments to be used to secure municipal land-use planning approvals, including pay on demand surety bonds. Wider acceptance of surety bonds could help free up money for home builders to pursue additional home building projects and make some projects that currently can't obtain financing more viable.

Exploring Further Opportunities to Cut Red Tape to Build Housing: Ontario will consult with sector experts like municipal planners, building officials, engineers, industry associations and architects in a commitment to cut red tape and explore streamlining planning processes further in some of Ontario's fastest-growing regions to enable more housing.

Increasing the Transparency of Housing Supply Data: In an effort to remain transparent regarding the province's commitment to help municipal partners build at least 1.5 million homes by 2031, Ontario has started reporting on the total number of homes created in municipalities with assigned housing targets. In addition, Ontario is proposing changes to the Municipal Planning Data Reporting regulation (O. Reg. 73/23) under the Planning Act to include an additional 21 municipalities (encompassing all 50 municipalities with provincially assigned housing targets) and enhance municipal data points.

Peel Region: Ontario is proposing to amend the Hazel McCallion Act, 2023, to recalibrate the focus of the Peel Region Transition Board to consider how to make local government in Peel Region more efficient and responsive to the needs of residents and taxpayers. This includes requiring the board to provide recommendations to the Minister of Municipal Affairs and Housing on the transfer of certain services currently provided by Peel Region such as land use planning, water and wastewater, regional roads (including stormwater), and waste management. The transition board will continue to provide financial oversight of Peel and the lower-tier municipalities.

Municipal Planning Responsibilities: The More Homes Built Faster Act, 2022 made changes that, once in force, will remove statutory powers under the Planning Act from seven upper-tier municipalities identified in the legislation: Durham, Halton, Niagara, Peel, Simcoe, Waterloo, and York. Ontario remains committed to reducing municipal duplication across the province to deliver on shared provincial-municipal priorities, all while supporting its municipal partners. Proposed amendments to the Planning Act, as part of this legislative package, would provide flexibility for when changes to planning responsibilities for certain upper-tier municipalities would come into force. For Peel, Halton and York Regions, upper-tier planning changes would come into effect on July 1, 2024, with others coming into effect at a later date. Once in effect, planning policy and approval responsibilities of the regional municipality will be removed and the lower-tier municipalities will assume primary responsibility for all planning in their geographies, except for matters requiring provincial approval.

Minister's Zoning Order Framework: The province has launched a new go-forward framework for how requests for zoning orders will be received and considered. The process will be more open and transparent while maintaining this important tool to cut through red tape to get shovels in the ground sooner. By providing the framework, Ontario will continue to ensure that long-term care facilities and other provincial priorities can be built quickly while removing the need for a separate Community Infrastructure and Housing Accelerator.

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