New Ontario bills gut environmental protections, eliminate green building bylaws
The Legislative Assembly of Ontario, from www.ola.org
Two recent bills introduced in the Ontario Legislature are poised to gut environmental protections, and severely curb the authority of municipal planners. Here’s a summary of the tabled bills 5 and 17, focused on areas of relevance to architects.
Bill 5: Repealing the Endangered Species Act, introducing regulation-free Special Economic Zones
The omnibus Bill 5, Protect Ontario by Unleashing our Economy Act, 2025, is ostensibly aimed at stimulating the economy by removing barriers to development.
One of its key components is replacing the province’s Endangered Species Act with a hollowed-out Species Conservation Act. The new act allows the government to pick and choose which species are protected, and narrowly defines their “habitat” as the nest or den of an animal—not the broader feeding grounds, forests, or wetlands they need to survive.
Developers must currently apply for a permit when their projects threaten a species or habitat, and these applications are reviewed by environmental experts. This process would be replaced by an online registration form; when the form is submitted, a company is free to start building, including damaging or destroying habitats of listed specied, so long as the activity is registered. The new Species Conservation Act will completely exclude migratory birds and certain aquatic species.
“It’s a developer’s dream and an environmental nightmare,” writes environmental lawyers Ecojustice.
Bill 5 also contains provisions for creating Special Economic Zones, where provincial and municipal laws do not apply—a status that the Province could claim for any project or proponent. This would allow work on these projects to be exempt from zoning regulations and approvals, as well as from labour laws, health and safety laws, traffic and speeding laws, and even laws preventing trespassing on private property, notes advocacy group Environmental Defence.
The Bill specifically exempts the Ontario Place redevelopment from the Environmental Bill of Rights. As a result, explains lawyers from Dentons, “the public will not receive notice of, or have opportunity to, comment on proposals, decisions, or events that could affect the environment as it relates to the Ontario Place Redevelopment Project.”
Advocacy group Ontario Place For All writes: “The introduction of this clause is a clear response to the overwhelming number of comments—over 2200—from the community to the Environmental Registry of Ontario regarding the Ford government’s application to cut an existing combined sewer overflowthat will be in the way of Therme’s planned beach. The application has the CSO emptying into the west channel inside the breakwater and potentially allowing raw sewage into an area used recreationally by rowers, paddlers, swimmers, and for water shows by the CNE. The Auditor General’s Report estimated the cost of moving the CSO to be approximately million.”
The Bill also amends the Ontario Heritage Act, allowing the Province to exempt properties from archaeological and heritage conservation requirements if they could potentially advance provincial priorities including, but not limited to, transit, housing, health, long-term care, or infrastructure.
Another part of the bill would damage the clean energy transition, notes Environmental Defense. “Bill 5 would enable the government to ban all parts of energy projects that come from abroad, especially China. China makes the majority of solar panels, wind turbinesand control systems in the world,” it writes. “If enacted, Bill 5 would likely end solar power installation in Ontario and deprive Ontarians access to the cleanest source of new electricity available.”
In the Legislature, Liberal member Ted Tsu noted, “They called this bill, Bill 5, the Protect Ontario by Unleashing our Economy Act. However, upon studying the bill, I think a more appropriate short title would be ‘don’t protect Ontario and use tariffs as cover to unleash lobbying act.’ That is a summary of what I think is wrong in principle with Bill 5.”
Bill 5 has undergone its second reading and will be the subject of a Standing Committee hearing.
Bill 17: Striking down green development standards, paring down planning applications
Bill 17: Protecting Ontario by Building Faster and Smarter Act, 2025 aims to dismantle the City of Toronto’s Green Building Bylaw, along with limiting municipal authority in planning processes. These changes are proposed in the ostensible interest of speeding up construction in order to lower housing costs.
The bill states that municipalities must follow the Building Code, and prohibits them for passing by-laws or imposing construction standards that exceed those set out in the Building Code. This seems to deliver a major win to development group RESCON, which has been lobbying to strike down the Toronto Green Standard.
Fifteen municipalities in the Greater Toronto Area currently have green development standards. Non-profit group The Atmospheric Fundnotes that green standards do not slow housing construction. “In 2023, Toronto exceeded its housing targets by 51%, with nearly 96% of housing starts being subject to the Toronto Green Standard. Overall, Toronto’s housing starts have grown or stayed consistent nearly every year since the TGS was implemented.” The group also notes that the Ontario Building Code’s energy efficiency requirements have not been updated since 2017, and that Ontario’s cities will not meet their climate targets without more progressive pathways to low-carbon construction.
Also of direct impact to architects is the proposed standardization of requirements for “complete” planning applications. Under the tabled bill, the Minister of Municipal Affairs and Housing will have the power to govern what information or material is requiredin connection with official plan amendments, zoning by-law amendments, site plan approval, draft plans of subdivisions, and consent applications. This would prevail over existing Official Plan requirements. Currently, the Ontario government is proposing that sun/shadow, wind, urban design and lighting studies would not be required as part of a complete planning application.
The bills would also deem an application to be complete not when it’s accepted by a municipal planning authority, but solely on the basis of it being prepared by prescribed professional. The prescribed professions are not yet defined, but the government has cited Engineers as an example.
Bill 17 proposes to grant minor variances “as of right” so long that they fall with a certain percentage of current setback regulations.This would apply to urban residential lands outside of the Greenbelt.
The Bill proposes amendments to the Development Charges Act that will change what municipalities can charge, including eliminating development charges for long-term care homes. The bill limits Inclusionary Zoning to apply to a maximum 5% set-aside rate, and a maximum 25-year period of affordability.
Dentons notes that: “While not specifically provided for in Bill 17, the Technical Briefing suggests that, the Minister of Infrastructure will have authority to approve MZOs, an authority currently held only by the Minister of Municipal Affairs and Housing.”
Environmental Defense’s Phil Pothen writes: “Some of the measures proposed in Bill 17—like deferring development charges—could help build smarter and faster if they were applied selectively to infill, mid-rise and multiplex housing. But the bill’s current language would apply these changes to sprawl and McMansion development as well.”
He adds: “Bill 17 also includes provisions that seem aimed at erasing municipal urban rules and green building standards, imposing generic road-design standards on urban and suburban streets and preventing urban design. Those changes could actually make it harder to speed up housing—reversing progress toward more efficient construction and land use and the modes of transportation that support them.”
The Bill would also amend the Building Code to eliminate the need for a secondary provincial approval of innovative construction products if they have already been examined by the Canadian Construction Materials Centre of the National Research Council of Canada.
The Ontario government is currently seeking comment on their proposed regulation to standardize complete application requirements. They are also currently seeking comment on the proposed regulation that provides for as-of-rights within 10% of current required setbacks. These comment periods are open until June 26, 2025.
The post New Ontario bills gut environmental protections, eliminate green building bylaws appeared first on Canadian Architect.
#new #ontario #bills #gut #environmental
New Ontario bills gut environmental protections, eliminate green building bylaws
The Legislative Assembly of Ontario, from www.ola.org
Two recent bills introduced in the Ontario Legislature are poised to gut environmental protections, and severely curb the authority of municipal planners. Here’s a summary of the tabled bills 5 and 17, focused on areas of relevance to architects.
Bill 5: Repealing the Endangered Species Act, introducing regulation-free Special Economic Zones
The omnibus Bill 5, Protect Ontario by Unleashing our Economy Act, 2025, is ostensibly aimed at stimulating the economy by removing barriers to development.
One of its key components is replacing the province’s Endangered Species Act with a hollowed-out Species Conservation Act. The new act allows the government to pick and choose which species are protected, and narrowly defines their “habitat” as the nest or den of an animal—not the broader feeding grounds, forests, or wetlands they need to survive.
Developers must currently apply for a permit when their projects threaten a species or habitat, and these applications are reviewed by environmental experts. This process would be replaced by an online registration form; when the form is submitted, a company is free to start building, including damaging or destroying habitats of listed specied, so long as the activity is registered. The new Species Conservation Act will completely exclude migratory birds and certain aquatic species.
“It’s a developer’s dream and an environmental nightmare,” writes environmental lawyers Ecojustice.
Bill 5 also contains provisions for creating Special Economic Zones, where provincial and municipal laws do not apply—a status that the Province could claim for any project or proponent. This would allow work on these projects to be exempt from zoning regulations and approvals, as well as from labour laws, health and safety laws, traffic and speeding laws, and even laws preventing trespassing on private property, notes advocacy group Environmental Defence.
The Bill specifically exempts the Ontario Place redevelopment from the Environmental Bill of Rights. As a result, explains lawyers from Dentons, “the public will not receive notice of, or have opportunity to, comment on proposals, decisions, or events that could affect the environment as it relates to the Ontario Place Redevelopment Project.”
Advocacy group Ontario Place For All writes: “The introduction of this clause is a clear response to the overwhelming number of comments—over 2200—from the community to the Environmental Registry of Ontario regarding the Ford government’s application to cut an existing combined sewer overflowthat will be in the way of Therme’s planned beach. The application has the CSO emptying into the west channel inside the breakwater and potentially allowing raw sewage into an area used recreationally by rowers, paddlers, swimmers, and for water shows by the CNE. The Auditor General’s Report estimated the cost of moving the CSO to be approximately million.”
The Bill also amends the Ontario Heritage Act, allowing the Province to exempt properties from archaeological and heritage conservation requirements if they could potentially advance provincial priorities including, but not limited to, transit, housing, health, long-term care, or infrastructure.
Another part of the bill would damage the clean energy transition, notes Environmental Defense. “Bill 5 would enable the government to ban all parts of energy projects that come from abroad, especially China. China makes the majority of solar panels, wind turbinesand control systems in the world,” it writes. “If enacted, Bill 5 would likely end solar power installation in Ontario and deprive Ontarians access to the cleanest source of new electricity available.”
In the Legislature, Liberal member Ted Tsu noted, “They called this bill, Bill 5, the Protect Ontario by Unleashing our Economy Act. However, upon studying the bill, I think a more appropriate short title would be ‘don’t protect Ontario and use tariffs as cover to unleash lobbying act.’ That is a summary of what I think is wrong in principle with Bill 5.”
Bill 5 has undergone its second reading and will be the subject of a Standing Committee hearing.
Bill 17: Striking down green development standards, paring down planning applications
Bill 17: Protecting Ontario by Building Faster and Smarter Act, 2025 aims to dismantle the City of Toronto’s Green Building Bylaw, along with limiting municipal authority in planning processes. These changes are proposed in the ostensible interest of speeding up construction in order to lower housing costs.
The bill states that municipalities must follow the Building Code, and prohibits them for passing by-laws or imposing construction standards that exceed those set out in the Building Code. This seems to deliver a major win to development group RESCON, which has been lobbying to strike down the Toronto Green Standard.
Fifteen municipalities in the Greater Toronto Area currently have green development standards. Non-profit group The Atmospheric Fundnotes that green standards do not slow housing construction. “In 2023, Toronto exceeded its housing targets by 51%, with nearly 96% of housing starts being subject to the Toronto Green Standard. Overall, Toronto’s housing starts have grown or stayed consistent nearly every year since the TGS was implemented.” The group also notes that the Ontario Building Code’s energy efficiency requirements have not been updated since 2017, and that Ontario’s cities will not meet their climate targets without more progressive pathways to low-carbon construction.
Also of direct impact to architects is the proposed standardization of requirements for “complete” planning applications. Under the tabled bill, the Minister of Municipal Affairs and Housing will have the power to govern what information or material is requiredin connection with official plan amendments, zoning by-law amendments, site plan approval, draft plans of subdivisions, and consent applications. This would prevail over existing Official Plan requirements. Currently, the Ontario government is proposing that sun/shadow, wind, urban design and lighting studies would not be required as part of a complete planning application.
The bills would also deem an application to be complete not when it’s accepted by a municipal planning authority, but solely on the basis of it being prepared by prescribed professional. The prescribed professions are not yet defined, but the government has cited Engineers as an example.
Bill 17 proposes to grant minor variances “as of right” so long that they fall with a certain percentage of current setback regulations.This would apply to urban residential lands outside of the Greenbelt.
The Bill proposes amendments to the Development Charges Act that will change what municipalities can charge, including eliminating development charges for long-term care homes. The bill limits Inclusionary Zoning to apply to a maximum 5% set-aside rate, and a maximum 25-year period of affordability.
Dentons notes that: “While not specifically provided for in Bill 17, the Technical Briefing suggests that, the Minister of Infrastructure will have authority to approve MZOs, an authority currently held only by the Minister of Municipal Affairs and Housing.”
Environmental Defense’s Phil Pothen writes: “Some of the measures proposed in Bill 17—like deferring development charges—could help build smarter and faster if they were applied selectively to infill, mid-rise and multiplex housing. But the bill’s current language would apply these changes to sprawl and McMansion development as well.”
He adds: “Bill 17 also includes provisions that seem aimed at erasing municipal urban rules and green building standards, imposing generic road-design standards on urban and suburban streets and preventing urban design. Those changes could actually make it harder to speed up housing—reversing progress toward more efficient construction and land use and the modes of transportation that support them.”
The Bill would also amend the Building Code to eliminate the need for a secondary provincial approval of innovative construction products if they have already been examined by the Canadian Construction Materials Centre of the National Research Council of Canada.
The Ontario government is currently seeking comment on their proposed regulation to standardize complete application requirements. They are also currently seeking comment on the proposed regulation that provides for as-of-rights within 10% of current required setbacks. These comment periods are open until June 26, 2025.
The post New Ontario bills gut environmental protections, eliminate green building bylaws appeared first on Canadian Architect.
#new #ontario #bills #gut #environmental
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