The Ontario government introduced Bill 109, More Homes for Everyone Act, 2022, in response to the Housing Affordability Task Force report published in February 2022, which called for 1.5 million new homes to be built in the province within the next ten years. If passed, Bill 109 will increase the province’s affordable housing supply by accelerating development timelines and getting houses built faster.

Bill 109 amends various legislation, including the Planning Act, the City of Toronto Act, 2006, the Development Charges Act, 1997, the New Home Construction Licensing Act, 2017, and the Ontario New Home Warranties Plan Act. 

Changes to the Planning Act and the City of Toronto Act, 2006

Bill 109 would also make several changes to the Planning Act and the City of Toronto Act, 2006. These significant changes include:

• Providing a refund of application fees to incentivize decisions being made on applications within the timelines in the Planning Act, as follows:

• Requiring municipalities to delegate municipal council’s authority to approve site plans to a designated authorized person.
• Providing the Minister of Housing and Municipal Affairs (the “Minister”) with discretion to refer Municipal Comprehensive Review OPAs, or new Official Plans, to the Tribunal for either a recommendation on whether the Minister should approve or modify the OPA or for a final decision from the Tribunal on whether the OPA/new OP should be approved or modified.
• Creating the Community Infrastructure and Housing Accelerator – a new process for a municipality to request that the Minister make a kind of zoning order
• Creating alternative parkland requirements for land in a designated transit-oriented community of 10% of land value for sites less than 5 hectares and 15% for sites greater than 5 hectares
• Making regular reviews of community benefits charge bylaws and rules respecting such reviews, including that the failure to declare whether a five-year review is needed will result in the deemed expiry of the bylaw
• Providing the province with the ability to declare land in a transit-oriented community that has easements or below-grade infrastructure as being “encumbered”, with the effect that the land must be conveyed for parkland, with full credit for parkland dedication
• Providing complete application rules for site plan applications
• Increasing municipalities’ powers to extend draft plan approval for plans of subdivisions that have lapsed.
• Providing the Minister with the power to make regulations, which may include:
  • prohibiting certain matters from being the subject of conditions of draft plan approval.
  • setting out planning matters that the Minister can require a municipality to report on if the Minister asks for a report.
  • regarding the types of securities that can be used to secure municipal requirements as part of the approvals process

Changes to the Ontario New Home Warranties Plan Act

Bill 109 would make some changes to the Ontario New Home Warranties Plan Act, including

• Providing that the Lieutenant Governor in Council may make regulations extending the time of expiration of a warranty provided for in the Ontario New Home Warranties Plan Act, including establishing any conditions for such an extension, in respect of an item that is missing or remains unfinished, or work performed, or materials supplied after the date specified in the certificate obtained pursuant to the Ontario New Home Warranties Plan Act
• Amending provisions related to the by-law making power of the Corporation designated under the Ontario New Home Warranties Plan Act. These amendments include:
  • by providing that the Corporation may specify warranties and the time of expiration of those warranties
  • the Corporation’s power is subject to regulation and the approval of the Minister

Changes to the New Home Construction Licensing Act, 2017

Bill 109 would also make some changes to the New Home Construction Licensing Act, 2017, including

• Amending the licensing provisions to provide that the registrar may consider whether the activities of an applicant are, or will be if issued a licence, in contravention of the legislation, the regulations or prescribed legislation
• Amending the complaints provision to preserve the registrar’s powers to receive complaints, request information from licensees about complaints and mediate or resolve complaints
• Adding a provision to give certain powers to the registrar if the registrar believes a licensee has contravened the legislation, the regulations or prescribed legislation.
• Increasing the maximum fine to $50,000 if a licensee is an individual and $100,000 if a licensee is not an individual. Also, the discipline committee may impose a fine above the maximum amount if the licensee received a monetary benefit from failing to comply with the code of ethics. The committee must consider any prior determination of the committee that a licensee failed to comply with the code of ethics and, subject to the maximum fine amount, may impose a more severe fine on the licensee.
• Amending the legislation to provide that in addition to any other penalty imposed by the court and despite the maximum fine, the court that convicts a person or entity of an offence may increase a fine imposed on the person or entity if the person or entity received a monetary benefit as a result of the commission of the offence
• Granting the Minister, the power to make regulations governing fines that the discipline committee or the appeals committee may impose

Oakville Real Estate Lawyers Helping Clients with Their Residential Real Estate Needs

Our real estate team at Campbells LLP will continue to monitor Bill 109 and advise as to how it may impact the real estate landscape and market. Buying and selling a home can be stressful, especially with exploding real estate prices. Our team at Campbells LLP can provide essential knowledge and advice if you are considering buying a home and have extensive experience helping clients weather all types of markets. Should you have any questions about Bill 109 or other residential real estate questions, our lawyers are here to advise you. To speak with a lawyer about your real estate needs, contact us online or at 905-828-2247 to schedule a consultation.