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The Impact of Bills 23 and 109 on Development in Willowdale


The City's planning process changed because of the Provincial Bill 23, More Homes Built Faster Act, 2022 & Bill 109, More Homes for Everyone Act, 2022. Both were passed into law on November 28, 2022 by the Provincial Government.


Changes in the planning processes following the passage of Bill 23:


Changes to CoA

  • Committee of Adjustment decisions can't be appealed by neighbours, resident associations, and other third -parties anvmore.


Reduction in Revenue to Fund Infrastructure

  • Reduction of Development Charges and total elimination of Section 37 funding. New Community Benefits Charges framework replaced it which is capped at 4% and can't exceed the value of the land.

  • The City will now have to find a way to pay an extra $230 million annually to make up for the Provincial Government's cut to development and parkland dedication revenues formerly paid by developers through section 37.


Cities in Ontario are stripped of the ability to manage the growth being proposed through Bill 23:


Reduction in Councillor/Council Authority

  • Remove Councillor's role/authority and delegate Site Plan Approval to municipal staff.

  • The Province can now change or amend the City's Official Plan, if the Official Plan doesn't align with provincial interests.

  • Can't regulate the demolition and conversion of rental units to maintain critical rental units (renoviction).

  • Heritage protections can now be overruled, if their decision doesn't align with provincial priorities.

  • Any developments under 10 units are now exempt from having to submit a site plan application. A site plan deals with the design and technical aspects of a project including site access and servicing, waste storage, parking, loading landscaping, exterior design to address health, safety, accessibility, etc.

  • Anyone can build three units on any lot in the City as long as the square footage of the building remains the same. Recently, the City augmented this to 4 units on any lot under the new Multiplex bylaw.


Changes to TRCA & Green Standards

  • Eliminates the ability of municipalities to enforce more stringent energy efficiency standards in new buildings.

  • Toronto Region Conservation Authority's ability to protect natural heritage, wetlands, fields, farmlands, & flood plains was reduced to allow for more developments on green lands


Changes in the planning processes following the passage of Bill 109:


Changes to Park Land Dedication:

  • Parkland Dedication and greenspace requirements for developments reduced by 50%.

  • Maximum parkland contributions for "Transit-Oriented Communities" will be imposed.

  • 5 hectares or less will have a maximum contribution of 10% or lands or the land value.

  • More than 5 hectares will have a maximum contribution of 15%.


Changes to Timeline to Review Dev. Application:

  • New Provincial fines imposed on the City if it does not make a decision on development applications.

  • The City is also required to refund development fees if a decision is not made within the time frame.

  • For a zoning bylaw amendment submitted with an official plan amendment = 120 days, for a zoning bylaw amendment only = 90 days, site plan application = 60 days.

  • All city departments must comply with this new timeline, including Planning, Building, Parks, Transportation, Water, Environment, Urban Forestry, Toronto Conservation Board, and others.


Major Transit Station Areas (MTSAs):


  • Under the Provincial Growth Plan Policy, the City of Toronto must clearly outline Major Transit Station Areas (MTSAs).

  • MTSAs are approximately 500m to 800m radius (10 minute walk) away from an existing or planned transit stop or station.

  • MTSAs are development intensification areas where the Province expects a large portion of new housing and employment growth to go.

  • MTSAs have a major impact on planning and development in Willowdale as Yonge-Sheppard, North York Centre, and Finch run through the ward. In the future, Steeles is proposed to be built which will also run through the ward. The future of Cummer station is unclear although density has already been granted based on a Cummer station.

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