Bill 23 Summary and Implications

Affordable Housing

• Bill 23 eliminates the opportunity to use funds collected from Development Charges for housing services. With the elimination of these charges, this may impact current and future affordable housing projects throughout the County.
• Bill 23 established what is considered “affordable” to a unit whose price is less than 80% of the average resale/market rental price.
• Bill 23 has defined affordable housing in its own terms related strictly to market value of housing and separate from the federal definition related to individual income, This could make affordable housing even more difficult to secure for low to moderate-income households.

Homeownership Affordability Based on Household Income (2022)

• Bill 23 imposes Development Charges Act and Planning Act changes which will exempt non-profit housing from development charges and parkland dedication fees.
• While Brant and Brantford Local Housing Corporation is a non-profit housing provider, the Corporation of the County of Brant does not meet the technical definition outlined in Bill 23 to qualify for “non-profit housing development” levy and fee exemptions. This means municipally lead affordable housing projects will not be eligible for levy and fee exemptions as a result of Bill 23. 
• This may impact the goals set out within the Brantford- Brant Housing Master Plan and future affordable housing developments.

Additional Residential Units

• To provide for gentle intensification, the Province now allows up to 3 units on any lot where residential uses are permitted in fully municipally serviced areas of the County (Paris and St. George). Additional residential units will not be permitted in areas such as lands prone to flooding and erosion hazards, and within industrial areas.
• The changes are effective immediately and over-ride local Official Plans and Zoning By-Laws. The County will be consolidating its Comprehensive Zoning By-Law to reflect the provincial changes.
• Within partially serviced areas or privately serviced areas of the County, permissions allowing up to two units per property continue to apply.

Visit the Additional Residential Units webpage 

• Bill 23 exempts developments of up to 10 units or less from Site Plan Control.
• Site Plan no longer has oversight on the design of exterior of buildings (ex. what materials are used on the outside of a building), except where related to matters of health, safety, accessibility, sustainable design, or the protection of adjoining lands.
• Landscaping features in the right-of-way are not included in Site Plan unless they touch on heath, safety and accessibility.

Visit the Building and Renovating Main Menu 

• Bill 23 exempts 2 additional permitted units per lot from Development Charges, Parkland and Community Benefit Charges (the first one pays Development Charges).
• Exempting affordable, attainable, and inclusionary zoning units from DCs, and discounts to Community Benefits Charges and Parkland Dedication. Attainable housing is still to be defined.
• Requiring a discount on development charges for purpose-built rentals, and a greater discount for larger units.
• Requiring a phase-in period for introduction of new or revised development charges.
• Removing cost of studies from development charges.

Visit the 2023 Budget webpage

• Bill 23 caps the amount developers are required to pay for new parkland.
• Setting a maximum parkland dedication cap of 10% for sites less than 5 ha in area, and 15% for larger sites.
• Reducing the maximum parkland dedication rates in half for land and cash-in-lieu.
• Allowing the possibility of encumbered lands and privately-owned parks to be counted for parkland credit.
• Requiring 60% of DC and Parkland funds to be spent or allocated to be spent on an annual basis.

Heritage

• Changes to the evaluation and designation process for heritage buildings and districts.
• Bill 23 establishes limitations on designating a property when an application for development has already been received, including that the property must be listed on the municipal register to qualify for designation.
• Requiring a non-designated property that is listed on the Heritage Register to be evaluated and designated within 2 years, or that it must be removed from the register for at least 5 years before another evaluation can take place.

Environment

• Bill 23 changed the Ontario Wetland Evaluation System which may result in less wetlands being classified as provincially significant and greater loss of wetlands in Ontario.
• Changes and limits the role of Conservation Authorities to focus on natural hazards such as flooding and erosion, and wetlands as they pertain to unstable soils. The County will continue to be the lead on input on responsible development that protects natural heritage features such as forests, wetlands as they pertain to wildlife, and other fish and wildlife habitat. This is not anticipated to change land use planning in the County of Brant.

Development Charges

• Bill 23 reduces development charge funding and other development funding necessary to pay for the infrastructure like roads, trails, community centres, fire stations, libraries and more required to support growth (ex. proposed new housing) throughout the County.
• Bill 23 does not require any of the DC exemptions or other cost reductions applied to new housing construction to be passed on to purchasers.
• Bill 23 relies on the private sector and the supply-side approach to create or pass on these savings without any legislative requirement or guarantee.
• Bill 23 transfers the cost from developers to the taxpayer. These changes could further negatively impact the County, local economy, and residents, as they come at a time of recovery from the COVID-19 Pandemic, higher inflation, and borrowing costs.
• Bill 23 also eliminated growth-related studies and certain land acquisition costs from being eligible for DCs. These changes challenge the principle of “growth should pay for growth”.

Visit the Development Charges and Fees webpage

Other Implications

• Bill 23 allows immediate amendments to municipal Official Plans and Zoning By-Laws.
• Bill 23 no longer requires public meetings for Plans of Subdivision and prevents third party Ontario Land Tribunal (OLT) appeals on Consent and Minor Variance applications. It will be important for the County to incorporate public comments as part of the development application review and decision process at the municipal level.
• Bill 23 amended the Municipal Act, 2001 by giving the Minister authority to direct the ability of a municipality to regulate the demolition and conversion of residential rental properties.

Visit The New Official Plan webpage