Bill 23, More Homes Built Faster Act
This page was last updated on December 6, 2022.
Status
Bill 23, More Homes Built Faster Act, 2022 was introduced by the Ontario Provincial government on October 25. It was referred to the Standing Committee on Heritage, Infrastructure, & Cultural Policy for further review and hearings were held in Toronto on November 16 & 17, 2022, as well as a clause-by-clause review on November 21, 2022. Despite strong opposition from residents and Toronto City Council, Bill 23 was passed by the Ontario legislature on November 28, 2022.
Who to Contact
· Premier Doug Ford (Premier@ontario.ca & 416-325-1941)
· Minister of Municipal Affairs and Housing, Steve Clark (minister.mah@ontario.ca & 416-585-7000)
· Local Member of Provincial Parliament (directory here)
I am very concerned by the Province's Bill 23, More Homes Built Faster Act, which would have significant and far-reaching impacts on the City of Toronto. While housing affordability remains a top priority, Bill 23 will weaken or eliminate the City's ability to secure new, affordable units and protect Toronto's existing rental housing stock. In its current form, it will also significantly decrease developer contributions to local infrastructure, green space, and community amenities – moving away from the long-held principle that growth pays for growth, and instead shifting costs to Toronto taxpayers.
If passed, the proposed legislation will limit the tools the City uses to build complete communities supported by adequate infrastructure and remove municipal authority to make planning decisions within city borders. Bill 23 will gut protections for built and natural heritage properties, potentially leaving thousands of properties vulnerable to demolition. It will also remove the right for residents to appeal minor variance and consent applications to the Toronto Local Appeal Body (TLAB).
At the very least, I am calling for consideration of the Bill to be paused pending more public consultation. Bill 23 was introduced immediately after the 2022 municipal election, and the residents of Toronto and City officials alike deserve more time to prepare a thorough response.
I would encourage all residents of Don Valley West and beyond to review Bill 23 and share your feedback with the Minister of Municipal Affairs as soon as possible.
Key Areas of Concern
Infrastructure & Community Benefit Charges
Developer fees that fund critical community infrastructure – including new roads, transit, water services, and libraries – will be discounted or, in some cases, eliminated.
The City estimates a $230 million annual financial impact between the changes to development fees and parkland dedication. At this time, there is no proposal to offset the new financial burden on municipalities.
Heritage Protection
Listed heritage properties will need to be designated within two years or lose protections afforded by the Ontario Heritage Act, leaving thousands of heritage properties vulnerable to demolition. Currently listed properties must also be designated within two years of the Act coming into force.
The Toronto & Region Conservation Authority’s (TRCA) role will also be weakened, including the elimination of their ability to impose conditions on the conservation of land within their jurisdiction.
Environmental Standards
The City's ability to require sustainable design elements through the Site Plan Approval process will be limited – potentially impacting the quality and longevity of new builds. This change will effectively limit the application of the Toronto Green Standard, which requires the incorporation of various sustainable design elements. At Committee, amendments were made to include consideration of green roofs and building construction requirements related to environmental conservation in the Site Plan process.
Rental Housing
The Minister of Municipal Affairs and Housing will have the authority to introduce a regulation limiting the City's ability to protect the existing rental stock, which would result in increased eviction rates and housing instability.
Housing Affordability
The percentage of affordable housing required by the City's new Inclusionary Zoning policy will decrease significantly – with a cap at 5% – while the prices and rents of affordable units will increase. The affordability period will be reduced from 99 to 25 years.
The City's definition of affordable housing will be amended to tie affordability to the housing market instead of income. For example, under City Council's definition, the price of an affordable 1-bedroom unit would be set at $190,000 and under Bill 23, at $444,000.
Parks
Developers will be required to provide significantly less parkland per development – as much as 33% less on sites larger than one hectare. In some cases, a 5 and 50-storey development will provide the same amount of new parkland. Lower quality parkland, including encumbered land and privately owned public spaces (POPS) can be credited toward the overall parkland dedication.
Public Participation
Members of the public will no longer be permitted to appeal decisions to the Toronto Local Appeal Body (TLAB). Existing third party appeals where no hearing has been scheduled as of October 25 will be dismissed.
The OLT and TLAB will be given the authority to award costs against losing parties based on “undue delay.”
Municipal Decision-making
The Province will have the ability to override municipal Official Plan decisions if it is determined that they would negatively impact a matter of Provincial interest.
Public Realm
The City’s ability to regulate aspects of development applications that impact the public realm – including sidewalks, boulevards, street furniture, landscape design aesthetics, and trees – through Site Plan Control would be eliminated.