Bill 23 Effects on Municipal Planning

Bill 23 Effects on Municipal Planning          Dec. 22/22                                                           

On Nov. 28, 2022 Bill 23 was passed by the Provincial Government.  Bill 23 has made many changes to various pieces of legislation aimed at facilitating the construction of 1.5 million new homes in Ontario over the next 10 years.  Bill 23 will have significant impacts on planning matters in our Municipality.


One significant Bill 23 change is the elimination of third party appeals of consents and minor variances.  While provincial ministries and agencies may appeal consents and minor variances, neighbors or other residents will not be able to appeal.  Third party appeals are still possible for other planning applications such as zoning by-law and official plans amendments as well as subdivisions.


Another major change concerns costs awards.  Bill 23 has given the Ontario Land Tribunal more authority to impose cost awards.  Previously cost awards were rare.  Parties will now have to consider the cost risk before pursuing an appeal at the Ontario Land Tribunal.


Of particular interest to the Municipality is change concerning subdivisions.  Due to Bill 23 public meetings will no longer be required for approval of a draft plan of subdivision applications.  This change applies to any type of subdivision, e.g., industrial, residential or commercial.  Planning authorities like the Municipality are now looking at how to handle the subdivision approval process given the elimination of public meetings by Bill 23. 


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