Will it be Enough: The impact of new exemptions to spur development

  • 02 février 2024
  • Jennifer Evola

The Province of Ontario has delivered a clear message with regard to its expectations for both the private and public sector. There is to be more housing supply, built faster and priced more affordably. This article covers the new Provincial initiatives brought forward since 2019, currently in force, with the intent of achieving the stated Provincial goal of building 1.5 million new homes in 10 years.

Progressive Development Application Fee Refunds

Introduced through the More Homes for Everyone Act, 2022, the Province implemented a framework, which ultimately has become effective for new applications submitted on or after July 1, 2023, requiring municipalities to provide full or partial refunds of application fees. Such refunds are required where municipalities do not adhere to the timelines to make a decision set out in the Planning Act and City of Toronto Act for zoning by-law amendments as well as site plan approval applications.

The intent behind the progressive development application fee refunds is to result in faster approvals of development applications. Whether this initiative has or will result in faster approvals is a point of controversy. Many municipalities have now front loaded the pre-application consultation process, thereby effectively delaying  formal submission of applications (which would trigger the legislated timelines). An anticipated increase in municipal refusals of development applications (refused so as to avoid triggering refund requirements) may also result in forwarding matters earlier to the Ontario Land Tribunal.