Bill 128 2012
An Act to amend the Planning Act with respect to inclusionary housing
Note: This Act amends the Planning Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 (1) of the Planning Act is amended by adding the following definition:
“affordable” has the same meaning as in the Provincial Policy Statement issued under section 3 that is published by and available from the Ministry of Municipal Affairs and Housing; (“abordable”)
2. Subsection 34 (1) of the Act is amended by adding the following paragraph:
4.1 Requiring that a specified percentage of housing units in all new housing developments containing 20 or more housing units be affordable, and specifying the percentage.
3. The Act is amended by adding the following section:
Inclusionary housing by-law
37.1 (1) The council of a local municipality may, in a by-law passed under section 34,
(a) require that a specified percentage of housing units in all new housing developments containing 20 or more housing units be affordable; and
(b) specify the percentage.
(2) A by-law shall not contain a requirement described in subsection (1) unless there is an official plan in effect in the local municipality that contains provisions relating to inclusionary housing requirements.
By-law applies to all developments
(3) A by-law described in subsection (1) applies regardless of whether a new housing development requires amendments to an existing by-law or not.
(4) The existence of a by-law described in subsection (1) does not require the municipality to provide any financial assistance or other incentives to developers.
(5) If a municipality has passed a by-law described in subsection (1), the municipality may require the developer of a new housing development containing 20 or more housing units to enter into one or more agreements with the municipality dealing with affordable housing requirements in the development.
Agreement re: affordability
(6) Without restricting the generality of subsection (5), an agreement entered into under that subsection may restrict the ownership and occupancy of affordable units to eligible persons.
Registration of agreement
(7) Any agreement entered into under subsection (5) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the developer and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land.
(8) The Lieutenant Governor in Council may make regulations dealing with the following matters in connection with affordable housing units that are required by by-laws described in subsection (1):
1. The number of bedrooms in the affordable units.
2. The size of affordable units.
3. The timing of the construction of the affordable units.
4. The location and distribution of the affordable units.
5. The design and construction standards required for the affordable units.
6. The eligibility requirements for ownership and occupancy of affordable units.
7. Alternative methods for satisfying inclusionary housing requirements, including but not limited to payment of fees in lieu and the provision of land.
8. Such other matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the provision of inclusionary housing.
4. Subsection 51 (25) of the Act is amended by striking out “and” at the end of clause (c) and by adding the following clause:
(c.1) that a specified percentage of housing units in all new housing developments in the subdivision containing 20 or more housing units be affordable, and specifying the percentage; and
5. This Act comes into force six months after the day it receives Royal Assent.
6. The short title of this Act is the Planning Amendment Act (Enabling Municipalities to Require Inclusionary Housing), 2012.
Section 34 of the Act is amended to allow the councils of local municipalities to pass zoning by-laws to require inclusionary housing in the municipality by mandating that a specified percentage of housing units in new housing developments containing 20 or more housing units must be affordable to low and moderate income households.
New section 37.1 of the Act deals with inclusionary housing by-laws in greater detail.
Section 51 of the Act is amended to allow the approval authority to impose, as a condition of approval of a plan of subdivision, a requirement that a specified percentage of housing units in new housing developments in the subdivision containing 20 or more housing units must be affordable to low and moderate income households.