More Homes for Everyone Act, ON

Bill 109 Receives Royal Assent
The More Homes for Everyone Act, known as Bill 109 has received royal assent. This basically means that the Bill has gone through Third Reading, been voted on by the majority of MPPs and then agreed to by the Lieutenant Governor. The Bill speaks to the measures the Ontario government will be taking to address the lack of housing supply that continues to make homes highly expensive.
CMHC Reports
CMHC in their most recent outlook report states that the average cost of a home rose more than 50% over the last two years. By our estimation homes in the Niagara region overall have increased in a similar fashion. CMHC further states that they “expect the growth in prices, sales levels, and housing starts to moderate from recent highs but remain elevated in 2022.” They see Ontario as one of three provinces that will have the “strongest price gains in 2022.” They further predict that growth in prices in Ontario isn’t expected to slow until the end of 2024.
Among Measures to Increase Housing Supply in Ontario
Among a number of other measures being taken by the Province, one of the most significant proposals in Bill 109 is the refund penalties imposed on Municipalities if they do not decide on zoning, site plan and official plan amendments within legislative timelines, all in an effort to increase housing supply. Though scheduled to not come into force until January 1, 2023, the following as reported in the Law Times Editor by Denton, Ontario’s municipal lawyer Mary Ellen Bench outlines the penalties.
• Zoning Amendments
If a municipality fails to process a zoning bylaw amendment within the 90 day timeline, 50% of the application fees will be refunded; after 150 days, a refund of 75% of the fee will be imposed; up to 210 days, a 100% refund of the fees will apply.
• Zoning and Official Plan Amendments
If a municipality fails to process a combined zoning bylaw and offi-cial plan amendment within the 120 day timeline: 50% of the appli-cation fees will be refunded; if it extends to 180 days 75% of the fees are refunded, and if up to 240 days 100% of the fees are re-funded.
• Site Plan Amendments
If a municipality fails to process a site plan application within the 60-day legislated timeline the municipality has to refund 50% of the fees paid by the applicant. If no approval within 120 days then the refund is 100%.
Site Plan Applications to be Handled by Planning Department
As well municipal councils will no longer approve site plan applications as this can take time given the council meeting agendas and structure. To speed up the process the new Act authorizes the municipal planning department to handle site plan application through the department’s chief planner. Interesting to say the least. Stay tuned.