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Staff Report
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Report To: Special Planning and Development Committee
Date of Meeting: January 16, 2023 Report Number: PDS-006-23
Submitted By:
Reviewed By:
File Number:
Carlos Salazar, Director of Planning and Infrastructure Services
Mary -Anne Dempster, CAO By-law Number:
Resolution#: PD-003-23
Report Subject: Bill 23 Update — Conservation Authorities
Recommendation:
1. That Report PDS-006-23, and any related delegations or communication items, be
received for information.
2. That Staff be authorized to use consulting services to provide the technical expertise
previously provided by the Conservation Authorities.
3. That any additional costs relating to the implementation of Bill 109 and Bill 23 be
considered as part of the current review of the Fees By-law for all services to be
provided by the Municipality.
4. That a copy of Report PDS-006-23 be forwarded to Clarington's member Conservation
Authorities.
5. That all interested parties listed in Report PDS-006-22 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PDS-006-23
Report Overview
Page 2
Bill 23, the More Homes, Built Faster Act, 2022, was introduced on October 25, 2022, and
received Royal Assent on November 28, 2022. According to the Province, the purpose of Bill
23 is to build housing faster and bring costs down. These legislative changes will impact
Clarington's powers under the Planning Act, the Ontario Heritage Act, and the Development
Charges Act, and our working relationship with our Regional and Conservation Authority
partners.
The purpose of this report is to summarize the Province's recent approved legislative
changes under Bill 23 and as provided through recent correspondence from the Province
and to bring forward a recommendation to address the immediate implication of the
legislation for Council's consideration.
1. Background
1.1 To date, several major steps have been taken by the Province in implementing the
Ontario Housing Affordability Task Force recommendations. These include:
• April 14, 2022 - enactment of Bill 109, the More Homes for Everyone Act, 2022;
• November 28, 2022 — enactment of Bill 23, the More Homes Built Faster Act, 2022;
• December 21, 2022 enactment of Changes to the Greenbelt Plan to add and remove
lands;
• October 25, 2022- December 30, 2022, housing -focused policy review of A Place to
Grow and Provincial Policy Statement.
1.2 In response to the above legislation, when they were still being proposed, staff have
reported (2 Briefing Notes and 3 Staff Reports) to Council as noted below:
• November 9, 2022, Briefing Note — Proposed Changes to the Greenbelt Lands in
Clarington to be Removed
• November 28, 2022 General Government Committee PDS-059-22 Province's
Proposed Amendments to the Greenbelt Plan, 2022.
• December 5, 2022 Planning and Development Committee PDS-051-22 More Homes
for Everyone Act, 2022(Bill 109) and Bill 13, Supporting People and Businesses Act,
2021 — a Recommended Path Forward for the Development Process
• December 5, 2022 Planning and Development Committee PDS-054-22 More Homes
Built Faster Act, 2022 (Bill 23): Comments
Municipality of Clarington Page 3
Report PDS-006-23
• December 19, 2022, Briefing Note — Financial Impact — Bill 23, Development
Charges and Grants
1.3 Council (and staff) were also in receipt of correspondence from the Ministry of Municipal
Affairs and Housing (Dec. 22, 2022, Jan. 4, 2023) and the Ministry of Natural Resources
and Forestry (Dec. 28, 2022) regarding Bill 109, Bill 23 and changes to the
Conservation Authorities Act (See Attached).
2 Greenbelt Act, 2005
2.1 On November 4, 2022, the Province released proposed amendments to the Greenbelt
Plan and associated Ontario Regulation 59/05. On November 28, 2022, staff provided
comments at to the General Government Committee through staff report PDS 059-22.
Staff report PDS-059-22 and corresponding resolution was sent to the Province.
2.2 On December 14, 2022, the Ministry of Municipal Affairs and Housing amended the
Greenbelt Plan and the plan boundaries. As a result, the lands located at the northwest
corner of Hancock Road and Nash Roads, approximately 35 ha (86 acres) are no
longer located within the Greenbelt.
3. Bill 23, More Homes Built Faster Act, 2022
Background
3.1 Bill 23 is wide-ranging and makes changes to ten different acts and numerous related
regulations. Staff Report PDS-054-22 summarized the Province's proposed changes to
the legislation under Bill 23 that would have the most significant impacts on the
Municipality, including the Planning Act, the Ontario Heritage Act, the Conservation
Authorities Act, and the Development Charges Act, and presented staff comments on
the proposed changes for Council's consideration.
3.2 On November 28, 2022, Bill 23 (2022) received Royal Assent, and this is when the
majority of the changes proposed in Bill 23 came into effect, including changes to the
Conservation Authorities Act.
3.3 The December 28, 2022, correspondence received from the Ministry (see Attachment 3)
reaffirmed that several changes were made to the Conservation Authorities Act
intended to "further focus conservation authorities on their core mandate, support faster
and less costly approvals, streamline conservation authority processes and help made
land suitable for housing available for development."
3.4 A new Minister's Regulation (Ontario Regulation 596/22: Prescribed Acts) came into
effect on January 1, 2023, that when reviewing and commenting on development and
Municipality of Clarington
Report PDS-006-23
Page 4
land use planning the CAs comments must be limited to only Category 1 programs
(Natural Hazards). Category 1 programs include stormwater management, flood plain,
steep slopes, erosion prone areas and wetlands.
3.5 Under this Regulation, CAs are no longer able to comment on Category 2 (Municipal
programs and services they provide at the request of the Municipality) or Category 3
(other programs and services the CA determines to be advisable) programs under the
following prescribed Acts:
• Aggregate Resource Act
• The Condominium Act, 1998
• The Drainage Act
• The Endangered Species Act, 2007
• The Environmental Assessment Act
• The Environmental Protection Act
• The Niagara Escarpment Planning and Development Act
• The Ontario Heritage Act
• The Ontario Water Resources Act
• The Planning Act
3.6 Category 2 programs include, land use planning and development related to Natural
Heritage, Municipal led Subwatershed Studies and Tree planting. Category 3 programs
include surface water quality monitoring and land acquisition.
Planning Act Process Implications
3.7 The Planning Act prescribes the agencies that are required to be consulted. When
processing and evaluating a Planning Act application the agencies prescribed by the
Planning Act are consulted and the comments they provide are considered as staff
make a recommendation to Council for the conditional approval or denial of an
application.
3.8 The Planning Act has not been changed to remove the Conservation Authority as a
prescribed agency and therefore staff will continue to circulate Planning Act applications
to the CA as they did prior to January 1, 2023, so that they may review and comment on
natural hazard including flood plains and source water protection matters.
However, as outlined in correspondence received from both the GRCA and CLOCA, CA
staff will now scope their review to include wetlands, valleylands, watercourses and
Municipality of Clarington
Report PDS-006-23
Page 5
stormwater management amongst others as these are integral component of natural
hazard management in addition to their source water protection mandate.
Official Plan Policy Implementation Implications
3.9 The Clarington Official Plan provides a robust policy framework to protect the Natural
Hazards (flood plain, erosion prone areas etc.) and Natural Heritage System (woodlots,
wetlands, fish habitat etc.) from development. The Clarington OP policy framework is
based on both Provincial (Planning Act, PPS, Growth Plan, Greenbelt Plan, Oak Ridges
Moraine Plan) and Regional (Durham Region Official Plan) legislation and policy.
Clarington staff relies heavily on the expertise of CA staff to implement Official Plan
policies. As CAs may no longer provide the technical expertise to implement OP policy
(Natural Heritage system), Clarington must find this expertise elsewhere.
3.10 As Bill 109 has introduced punitive consequences in the form of fee refunds from
Municipalities to applicants if a decision is not made on a file with the legislated
timeframes, a very short-term solution is needed to bridge the expertise gap until there
is a long-term solution. Although Council has received correspondence from Minister
Clark (see Attachment 1) pledging to change the in -force date for the refund of
Rezoning and Site Plan fees to July 1, 2023, the current in force date for all affected
application types is January 1, 2023.
3.11 In the immediate term, it is appropriate to retain consulting services to provide the
technical expertise previously provided by the CAs through the land development
process. These additional costs would be added to the Fees By-law Review currently
underway.
4. Financial Considerations
4.1 Currently the Planning and Infrastructure Services Department have many files that
include Environmental Impact studies. The need to retain natural heritage expertise to
bridge the gap created by the reduction in Conservation Authority services is among the
many implications of Bill 109 and Bill 23 that must be addressed immediately. There will
be other costs that will become apparent as staff continues to work through the Bill 109
and Bill 23 changes. It is recommended that any additional costs relating to the
implementation of Bill 109 and Bill 23 be considered as part of the current review of the
Fees By-law. While the Fees By-law review is undertaken the existing consulting
services budget will be utilized. Staff will report back to Council on this issue for
additional funding if the need arises.
Municipality of Clarington Page 6
Report PDS-006-23
5. Concurrence
Not Applicable.
6. Conclusion
7.1 It is respectfully recommended that consulting services be retained to provide the
technical expertise previously provided by Conservation Authorities. It is also
recommended that any additional costs relating to the implementation of Bill 109 and
Bill 23 be considered as part of the current review of the Fees By-law.
Staff Contact: Lisa Backus, Manager of Community Planning, Ibackus _clarington.net, Carlos
Salazar, Director of Planning and Infrastructure, csalazar(c�clarington.net
Attachments:
Attachments 1 & 2 — Letters from the Ministry of Municipal Affairs and Housing
Attachment 3 — Letter from Ministry of Natural Resources and Forestry
Attachment 1 to
PDS-006-23
Ministry of
Municipal Affairs
and Housing
Office of the Minister
777 Bay Street, 17'h Floor
Toronto ON M7A 2J3
Tel.: 416 585-7000
December 22, 2022
Dear Head of Council:
Ministere des
Affaires municipales
et du Logement
Bureau du ministre
777, rue Bay, 17e etage
Toronto (Ontario) M7A 2J3
Tel.: 416 585-7000
TA
1®
Ontario
234-2022-6136
Ontario's housing supply crisis is a problem which has been decades in the making. It
will take both short-term strategies and long-term commitment from all levels of
government, the private sector, and not -for -profits to drive change. Each entity will have
to do their part to be part of the solution.
To help support this important priority, I am pleased to provide you with an update on
recent legislative and regulatory changes our government has made to help get 1.5
million homes built over the next 10 years.
Bill 109, the More Homes for Everyone Act, 2022
Bill 109, the More Homes for Everyone Act, 2022, was introduced on March 30, 2022
and received Royal Assent on April 14, 2022.
As part of the government's More Homes for Everyone Plan, Schedule 5 of Bill 109
made changes to the Planning Act. Consequential changes were also made to the City
of Toronto Act, 2006.
Most of the Planning Act changes are now in effect except for the zoning and site plan
control fee refund provisions, which are due to come into force on January 1, 2023.
However, I am committed to bringing forward legislation to delay the effective date of
the fee refund changes from January 1, 2023 to July 1, 2023. These legislative changes
would be introduced in the new year.
In the event that any fee refunds become due to applicants before these legislative
changes are made, municipalities might consider not issuing refunds in the interim given
my express commitment to introduce legislation that, if passed, would retroactively
cancel the requirement.
You can find more information about Bill 109 on the Environmental Registry of Ontario
(019-5284), and the Ontario Legislative Assembly website.
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Bill 23, More Homes Built Faster, 2022
Bill 23, the More Homes Built Faster Act, 2022, was introduced on October 25, 2022,
and received Royal Assent on November 28, 2022.
To support More Homes Built Faster: Ontario's Housing Supply Action Plan: 2022-
2023, Schedule 9 of Bill 23 made changes to the Planning Act. Schedule 1 of Bill 23
also made similar changes to the City of Toronto Act, 2006 related to site plan
provisions. Schedule 3 of Bill 23 made changes to the Development Charges Act.
The planning -related and municipal development -related charges changes came into
force on November 28, 2022, except for provisions related to removal of planning
responsibilities from certain upper -tier municipalities, certain provisions related to
parkland dedication, and exemptions from municipal development -related charges for
affordable and attainable housing, which will come into force on a day in the future to be
named by proclamation. Provisions related to Conservation Authorities will take effect
January 1, 2023.
Bill 23 also made changes to legislation led by other ministries. Please see Appendix A
for an overview of the effective dates of the Bill 23 changes by schedule.
You can find more information about Bill 23 on the Environmental Registry of Ontario
(019-6163), and the Ontario Legislative Assembly website.
Bill 3, the Strong Mayors, Building Homes Act, 2022 and Bill 39, the Better
Municipal Governance Act, 2022
Bill 3, the Strong Mayors, Building Homes Act, 2022, was introduced on August 10,
2022, and received Royal Assent on September 8, 2022. Bill 3 and associated
regulations (O. Reg. 529/22 and O. Reg. 530/22) came into force on November 23,
2022.
Bill 39, the Better Municipal Governance Act, 2022, was introduced on November 16,
2022, and received Royal Assent on December 8, 2022. Bill 39, amendments to
associated regulations (O. Reg. 581/22 and O. Reg. 583/22), and additional regulations
to prescribe provincial priorities (O. Req. 580/22 and O. Req. 582/22) came into force
on December 20, 2022. Additional details can be found in Appendix B and on the
Ontario Legislative Assembly's website (Bill 3 and Bill 39).
Sincerely,
Steve Clark
Minister
c: Chief Administrative Officer
Appendix A
Effective Dates for Bill 23, the More Homes Built Faster Act, 2022
Schedule
Effective Date
Schedule 1: City of
All of the changes in Schedule 1 (City of Toronto Act) came into force
Toronto Act, 2006
on the day the bill received Royal Assent.
Note: The legislative changes to the City of Toronto Act include
amendments that give the Minister of Municipal Affairs and Housing
authority to make regulations imposing limits and conditions on how
municipalities can regulate the demolition and conversion of residential
rental properties of six units or more. No regulations have been made at
this time.
Schedule 2:
Changes in Schedule 2 (Conservation Authorities Act) came into force
Conservation
the day the bill received Royal Assent, except for:
Authorities Act
• On January 1, sections related to streamlining disposition of lands
for CAs comes into force which would allow CAs to sell or lease
land without Minister's approval provided they follow rules around
public consultation and notifications.
• Also on January 1, sections that enable the Minister's ability to issue
direction to freeze fees and ability to scope CA commenting on
development applications and land use planning policies through
regulation, would come into force but only have effect when the
Minister issues direction on fees or if a regulation prescribing Act
under which CA commenting roles is restricted is made.
• Changes related to CA permitting (including removal of
"conservation of land" and "pollution", adding "unstable soil and
bedrock", regulation making powers to exempt development from a
CA permit where it has been authorized under the Planning Act,
etc.) take effect on a later date (upon proclamation) once a new
regulation under Section 28 of the CA Act is in effect. MNRF
continues to consult on that regulation through the Environmental
Registry #019-2927 .
Schedule 3:
All of the changes in Schedule 3 (Development Charges Act) came into
Development
force on the day the bill received Royal Assent, with the exception of
Charges Act, 1997
provisions relating to development charge exemptions for affordable
and attainable housing units, which would take effect upon
proclamation.
Schedule 4:
All of the changes in Schedule 4 (Municipal Act) came into force on the
Municipal Act,
day the bill received Royal Assent.
2001
Note: The legislative changes to the Municipal Act give the Minister of
Municipal Affairs and Housing authority to make regulations imposing
limits and conditions on how municipalities can regulate the demolition
and conversion of residential rental properties of six units or more. No
regulations have been made at this time.
Schedule 5: New
Many of the amendments in Schedule 5 (New Home Construction
Home Construction
Licensing Act) came into force on the day the bill received Royal
Licensing Act,
Assent.
2017
The amendments regarding the maximum fine that a court may impose
for a subsequent conviction, as well as most of the amendments related
Schedule
Effective Date
to administrative penalties, will come into force on February 1, 2023.
Schedule 6:
Most of the amendments to the Ontario Heritage Act (OHA) made
Ontario Heritage
through the bill will be proclaimed into force on January 1, 2023. These
Act
include:
• The new authorities under Part 111.1 of the Act that relate to the
Standards and Guidelines for Conservation of Provincial Heritage
Properties.
• Most of the changes to procedures related to municipal registers,
including the process and requirements around inclusion of non -
designated properties on the municipal registers. However, the
requirement for municipalities to make their municipal registers
available on a publicly accessible website will not come into force
until July 1, 2023 to provide municipalities with time to ensure
compliance.
• Limiting the ability to issue a Notice of Intention to Designate a
property subject to a prescribed event to only those properties
included on a municipal register.
• The authority to prescribe criteria for determining cultural heritage
value or interest for the purposes of including non -designated
properties on the municipal register and designating a Heritage
Conservation District (HCD).
• The authority to set out processes to amend and repeal HCD bylaw
in regulation. Note, the Ministry of Citizenship and Multiculturalism
will consult on the development of these processes to be set out in
regulation in 2023.
Regulatory amendments to O.Reg. 9/06: Criteria for Determining
Cultural Heritage Value or Interest will also come into force on January
1, 2023. These changes establish that non -designated properties
included on a register must meet one or more of the criteria outlined in
the regulation, and that individual properties and HCDs must meet two
or more of the criteria included in the regulation in order to be
designated. The regulation also includes transitionary provisions to
address matters underway at the time of the changes coming into force.
The outstanding amendments to the OHA made through Bill 108, the
More Homes, More Choice Act, 2019, will also be proclaimed into force
on January 1, 2023. The amendments speak specifically to the
demolition or removal of an attribute that is not a building or structure
within an HCD.
Regulatory amendments to O.Reg. 358/21: General will come into force
on January 1, 2023. These amendments include consequential
housekeeping amendments and transition provisions related to the
above legislative amendments coming into force.
Bill 23 included some minor housekeeping amendments to the OHA
that came into force upon Royal Assent. These included repealing the
alternative definition of "alter".
Schedule 7:
The changes in Schedule 7 (More Homes Built Faster Act, 2022) will
Ontario Land
come into force on proclamation.
Tribunal Act, 2001
Schedule
Effective Date
Schedule 8:
The changes in Schedule 8 (Ontario Underground Infrastructure
Ontario
Notification System Act, 2012) came into force on the day the bill
Underground
received Royal Assent.
Infrastructure
Notification System
Act, 2012
Schedule 9:
The changes in Schedule 9 (Planning Act) all came into force on the
Planning Act
day the bill received Royal Assent, with the following exceptions:
• provisions related to removal of planning responsibilities from
certain upper -tier municipalities, which would come into force on a
day to be named by proclamation.
• provisions related to the exemption of community benefits charge
and parkland dedication requirements for affordable and attainable
housing units
• provisions related encumbered land to be conveyed to
municipalities by developers for park or other recreational purposes
• provisions related to Conservation Authorities (linked to the changes
in Schedule 2) will take effect January 1, 2023
Schedule 10:
Except as otherwise provided, the Act set out in Schedule 10 came into
Supporting Growth
force on the day bill received Royal Assent.
and Housing in
Sections 7 to 10, subsection 11 (5) and section 14 come into force
York and Durham
on a day to be named by proclamation of the Lieutenant Governor.
Regions Act, 2022
Once in force, these sections will require a prescribed municipality
to develop, construct, and operate the Lake Simcoe phosphorus
reduction project and allow the Ontario Clean Water Agency to
undertake some or all of that project if ordered to do so by the
Lieutenant Governor in Council. The project will also be exempt
from the Environmental Assessment Act.
• Subsection 85 (1) comes into force on the later of the day
subsection 44 (1) of this Act comes into force and the day section 2
of Schedule 5 to the Accelerating Access to Justice Act, 2021
comes into force. Subsection 85 (1) makes consequential changes
to the Act arising out of changes to the Expropriations Act in respect
of alternative hearings processes.
• Subsection 85 (2) comes into force on the later of the day section
61 of this Act comes into force and the day section 42 of Schedule 4
to the Comprehensive Ontario Police Services Act, 2019 comes into
force. Subsection 85 (2) makes consequential changes to the Act
arising out of the Comprehensive Ontario Police Services Act, 2019
consistent with other Ministry of the Environment, Conservation and
Parks legislation. The change would allow a person undertaking an
inspection to obtain the assistance of the local police force rather
than the Ontario Provincial Police Force.
Appendix B
Bill 3, the Strong Mayors, Building Homes Act, 2022 and Bill 39, the Better
Municipal Governance Act, 2022
As a result of Bills 3 and 39, changes were made to the Municipal Act, 2001, City of Toronto
Act, 2006 and the Municipal Conflict of Interest Act, and regulations were established to
give the mayors in Toronto and Ottawa strong mayor powers to help advance shared
provincial -municipal priorities, including building new homes. These powers include:
• Choosing to appoint the municipality's chief administrative officer,
• Hiring certain municipal department heads, and establish and re -organize departments,
• Creating committees of council, assigning their functions and appointing the Chairs and
Vice -Chairs of committees of council, and
• Proposing the municipal budget, subject to council amendments and a head of council
veto and council override process.
The mayors of Toronto and Ottawa can also use strong mayor powers related to provincial
priorities. These include:
Vetoing certain by-laws if the mayor is of the opinion that all or part of the by-law could
potentially interfere with a provincial priority,
Bringing forward matters for council consideration if the mayor is of the opinion that
considering the matter could potentially advance a provincial priority, and
Proposing certain municipal by-laws if the mayor is of the opinion that the proposed by-
law could potentially advance a provincial priority. Council can pass these by-laws if
more than one-third of council members vote in favour.
The provincial priorities for the purposes of strong mayor powers are prescribed in O. Reg.
580/22 and O. Reg. 582/22 and they are:
1. Building 1.5 million new residential units by December 31, 2031.
2. Constructing and maintaining infrastructure to support housing, including, transit, roads,
utilities, and servicing.
Attachment 2 to
PDS-006-23
Ministry of
Municipal Affairs
and Housing
Office of the Minister
777 Bay Street, 17t^ Floor
Toronto ON M7A 2J3
Tel.: 416 585-7000
January 4, 2023
Dear Heads of Council,
Ministere des
Affaires municipales
et du Logement
Bureau du ministre
Ontario
777, rue Bay, 176 etage
Toronto (Ontario) M7A 2J3
Tel.: 416 585-7000
234-2022-5422
I'm pleased to share an update on key initiatives underway at my ministry to help meet our
government's goal of building 1.5 million new homes over the next 10 years.
The legislature recently passed our government's More Homes Built Faster Act, 2022 which
takes bold action to ensure that all communities can grow with a mix of ownership and rental
housing types to meet the needs of all Ontarians.
Our government knows that building inspectors play a critical role in ensuring that new homes
meet the public safety requirements set out in Ontario's Building Code. However, the capacity
of municipal building departments has been impacted by recruitment challenges and the
increasing number of building inspectors retiring from the profession. That's why, earlier this
year, we took action to help municipalities address labour supply shortages in the building
sector by amending the Building Code to provide a new model for municipal building
departments to design and administer internship programs for building inspectors.
Effective July 1, 2022, municipal building departments can establish program entry criteria for
interns that meet their own local recruitment and enforcement needs. This new internship
model supports public safety by continuing to require that a qualified building inspector or
Chief Building Official supervises the work of interns. The interns must also pass ministry
technical and legal exams before being able to practice independently as building inspectors.
In the coming months, the ministry will develop guidance materials to support municipalities
that are interesting in launching local programs to recruit new intern building inspectors. We
look forward to working with municipalities to implement local internships.
Additionally, the ministry has engaged a consultant to identify opportunities for enhancements
to the qualification program for building practitioners. We are seeking input from the public,
including municipalities, building inspectors, designers, septic installers and building
professionals not regulated by the ministry. This feedback will help guide future decisions on
new approaches to qualification.
For more information and to review the discussion paper, please visit the Environmental
Registry of Ontario (ERO) website at https://ero.ontario.ca/notice/019-6433.
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In addition to this ongoing work, the ministry is modernizing the provincial Qualification and
Registration Tracking System (QuARTS). QuARTS is used by over 7,000 building
practitioners to update their qualification and registration information online and to help the
government regulate safety and compliance in the Ontario building industry.
Modernizing QuARTS will create a more efficient and user-friendly system, allowing building
officials to spend more time on the important task of reviewing and issuing building permits to
support the government's key priority of increasing housing stock.
Finally, the ministry made the 2012 Building Code Compendium freely available in Adobe
PDF format through the website (https://www.ontario.ca/page/request-digital-copy-2012-
building-code-compendium). Since its launch in March 2022, the ministry has provided free
copies to over 5,000 building professionals to reduce barriers and help accelerate the
construction of new homes across the province. This initiative has enabled inspectors to
access Building Code requirements while performing their work onsite in a more convenient
format. Additionally, candidates studying for the ministry's exams are able to access and
learn Building Code content in an easy to navigate, user-friendly manner.
As part of the plan to build 1.5 million homes over the next 10 years, the government looks
forward to continuing consultations with municipalities, the building industry and the public to
investigate further changes to Ontario's Building Code in order to create more housing and
support public safety.
If you are interested in learning more about any of the ministry's initiatives related to the
transformation of Building Code services in Ontario, please contact us at
BuildingTransformation(ab-ontario.ca.
Thank you for your continued partnership as we work together to get more homes built faster
for all Ontarians.
Sincerely,
Steve Clark
Minister
c: Municipal Clerks
Attachment 3 to
PDS-006-23
Ontario Q
Ministry of Natural Resources and Ministere des Richesses naturelles et
Forestry des Forks
Resources Planning and Development Direction des politiques de planification et
Policy Branch d'exploitation des resources
Policy Division Division de 1'e1aboration des politiques
300 Water Street 300, rue Water
Peterborough, ON K9J 3C7 Peterborough (Ontario) K9J 3C7
To: Conservation authorities and participating municipalities, Conservation
Ontario and the Association of Municipalities of Ontario
From: Jennifer Keyes, Director
Date: December 28, 2022
Subject: Legislative and regulation changes affecting conservation authorities
Good afternoon,
am writing to provide you with information on amendments to the Conservation
Authorities Act made as part of the More Homes Built Faster Act, 2022, as well as two
regulations that have been approved by the province in support of Ontario's Housing
Supply Action Plan, both of which will come into effect on January 1, 2023. In addition, the
Minister of Natural Resources and Forestry has issued a direction regarding fees that will
be distributed separately from this letter. A notice will be posted to the Environmental
Registry of Ontario (ERO) in the coming weeks regarding these decisions.
Legislative Amendments
As you are likely aware, the More Homes Built Faster Act, 2022 was passed this Fall,
receiving Royal Assent on November 28, 2022. Several changes were made to the
Conservation Authorities Act that are intended to further focus conservation authorities on
their core mandate, support faster and less costly approvals, streamline conservation
authority processes, and help make land suitable for housing available for development.
Notably, one part of the More Home Built Faster Act, 2022 which came into effect upon
Royal Assent were changes to Section 28.0.1 of the Conservation Authorities Act, which
include provisions to require a conservation authority to issue a permission or permit where
a Minister's Zoning Order has been made under section 47 of the Planning Act. This
section was amended to also apply to orders made under section 34.1 of the Planning Act,
otherwise known as the "community infrastructure and housing accelerator" tool, in
addition to some other minor changes.
Other changes, which will come into effect on January 1, 2023, include:
• Updates to Section 21 of the Act so that a disposition of land in respect of which the
Minister has made a grant under section 39 requires authorities to provide a notice
of the proposed disposition to the Minister instead of requiring the Minister's
approval. Authorities will also be required to conduct public consultations before
disposing of lands that meet certain criteria.
• Sections 21.1.1 and 21.1.2 of the Act which provide that authorities may not provide
a program or service related to reviewing and commenting on proposals,
applications, or other matters under prescribed Acts.
A new section 21.3 that enables the Minister to issue temporary direction to a
conservation authority preventing the authority from changing the amount of a fee it
charges under subsection 21.2 (10) of the Act.
Remaining legislative changes regarding conservation authority development regulations
will not come into effect until proclaimed, following the creation of a new Minister's
regulation with supporting regulatory details. This regulation is currently being consulted on
until December 30' on the ERO, #019-2927: Proposed updates to the regulation of
development for the protection of people and property from natural hazards in Ontario.
New Regulatory Requirements
Following the passing of these legislative amendments, the government has proceeded
with making two regulations, both of which will come into effect on January 1, 2023.
Amendments were made to Ontario Regulation 686/21: Mandatory Programs and Services
to require conservation authorities to identify conservation authority lands suitable for
housing. This requirement is part of the preparation of the land inventory required to be
completed by conservation authorities by December 31, 2024, and certain considerations
for identifying whether or not lands are suitable for housing are listed.
A new Minister's regulation (Ontario Regulation 596/22: Prescribed Acts — Subsections
21.1.1 (1.1) and 21.1.2 (1.1) of the Act) was also made to focus conservation authorities'
role when reviewing and commenting on proposals, applications, or other matters related
to development and land use planning. Under this regulation, conservation authorities are
no longer able to provide a municipal (Category 2) or other (Category 3) program or
service related to reviewing and commenting on a proposal, application, or other matter
made under the following Acts:
• The Aggregate Resources Act
• The Condominium Act, 1998
• The Drainage Act
• The Endangered Species Act, 2007
• The Environmental Assessment Act
• The Environmental Protection Act
• The Niagara Escarpment Planning
and Development Act
• The Ontario Heritage Act
• The Ontario Water Resources Act
• The Planning Act
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This regulation does not affect conservation authorities' provision of mandatory
programs or services (Category 1) related to reviewing and commenting on a proposal,
application, or other matter made under those Acts.
An administrative update to the "Determination of Amounts Owing Under Subsection
27.2 (2) of the Act" regulation (O. Reg. 401/22) was also made to update the methods of
determining amounts owed by specified municipalities for operating expenses and
capital costs related to mandatory the Clean Water Act, 2006 and Lake Simcoe
Protection Act, 2008 programs and services to enable use of a benefit -based
apportionment method.
I appreciate that with these most recent amendments, along with changes made over
the last number of years, this is a time of significant transition for conservation
authorities and their member municipalities. Throughout this time, conservation
authorities have continued to deliver on their important roles in protecting people and
property from natural hazards, conserving and managing lands, and drinking water
source protection.
The ongoing efforts of conservation authorities to implement these changes is
acknowledged, including initiatives led by conservation authorities and Conservation
Ontario that have contributed to the Government's objectives of improving accountability
and transparency and supporting timely development approvals to help address
Ontario's housing supply crisis.
If you have any questions, please reach out to the Ministry of Natural Resources and
Forestry at ca.office aj�ontario.ca. I look forward to working with you in the coming year.
Sincerely,
)Z" Ka���
Jennifer Keyes
Director, Resources Planning and Development Policy Branch
Ministry of Natural Resources and Forestry
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