Friday, March 16, 2012

ADU's or Additional Dwelling Units in Mississauga, Toronto and GTA - Update

This is a minor update to the law and Bill 140 that changes the planning act in Ontario to allow second dwelling units in detached, semi detached or row dwellings, with the following definitions and changes.

Specifically the act now states:


Amendments to Planning Act

1. Clause 2 (j) of the Planning Act is repealed and the following
substituted:

(j) the adequate provision of a full range of housing, including
affordable housing;

2. Section 16 of the Act is amended by adding the following subsection:

Second unit policies

(3) Without limiting what an official plan is required to or may contain
under subsection (1) or (2), an official plan shall contain policies that
authorize the use of a second residential unit by authorizing,

(a) the use of two residential units in a detached house, semi-detached
house or rowhouse if no building or structure ancillary to the detached
house, semi-detached house or rowhouse contains a residential unit; and

(b) the use of a residential unit in a building or structure ancillary to
a detached house, semi-detached house or rowhouse if the detached house,
semi-detached house or rowhouse contains a single residential unit.

3. (1) Subsection 17 (24.1) of the Act is repealed and the following
substituted:

No appeal re second unit policies

(24.1) Despite subsection (24), there is no appeal in respect of the
policies described in subsection 16 (3), including, for greater certainty,
any requirements or standards that are part of such policies.

(2) Subsection 17 (36.1) of the Act is repealed and the following
substituted:

No appeal re second unit policies

(36.1) Despite subsection (36), there is no appeal in respect of the
policies described in subsection 16 (3), including, for greater certainty,
any requirements or standards that are part of such policies.

4. Clause 22 (7.2) (c) of the Act is repealed and the following
substituted:

(c) amend or revoke the policies described in subsection 16 (3),
including, for greater certainty, any requirements or standards that are
part of such policies.

5. Subsection 34 (19.1) of the Act is repealed and the following
substituted:

No appeal re second unit policies

(19.1) Despite subsection (19), there is no appeal in respect of a
by-law that gives effect to the policies described in subsection 16 (3),
including, for greater certainty, no appeal in respect of any requirement or
standard in such a by-law.

6. The Act is amended by adding the following section:

By-laws to give effect to second unit policies

35.1 (1) The council of each local municipality shall ensure that the
by-laws passed under section 34 give effect to the policies described in
subsection 16 (3).

Regulations

(2) The Minister may make regulations,

(a) authorizing the use of residential units referred to in subsection 16
(3);

(b) establishing requirements and standards with respect to residential
units referred to in subsection 16 (3).

Regulation applies as zoning by-law

(3) A regulation under subsection (2) applies as though it is a by-law
passed under section 34.

Regulation prevails

(4) A regulation under subsection (2) prevails over a by-law passed
under section 34 to the extent of any inconsistency, unless the regulation
provides otherwise.

Exception

(5) A regulation under subsection (2) may provide that a by-law passed
under section 34 prevails over the regulation.

Regulation may be general or particular

(6) A regulation under subsection (2) may be general or particular in
its application and may be restricted to those municipalities or parts of
municipalities set out in the regulation.

7. Subsection 39.1 (3) of the Act is repealed and the following
substituted:

Area and time in effect

(3) Despite subsection 39 (2), a by-law authorizing the temporary use of
a garden suite shall define the area to which it applies and specify the
period of time for which the authorization shall be in effect, which shall
not exceed 20 years from the day of the passing of the by-law.

Commencement

8. (1) Subject to subsection (2), this Schedule comes into force on the
day the Strong Communities through Affordable Housing Act, 2011 receives
Royal Assent.

Same

(2) Sections 2 to 6 come into force on a day to be named by proclamation
of the Lieutenant Governor.




Also, the other additions to the planning act are as follows:


amendments to Planning Act

Schedule 2 amends the Planning Act.

Clause 2 (j) is replaced to add a reference to affordable housing to the
matters of provincial interest under section 2.

The new subsection 16 (3) requires an official plan to have policies that
authorize the use of a second residential unit.

The amendments to section 17 provide for there to be no appeal of a decision
to adopt or approve the second unit policies.

The amendment to section 22 provides for there to be no appeal in respect of
a request to amend or revoke the second unit policies.

The amendment to section 34 provides for there to be no appeal in respect of
a by-law to give effect to the second unit policies.

The new section 35.1 requires councils to pass zoning by-laws to give effect
to the second unit policies. The Minister may make regulations that
authorize the use of, and prescribe requirements and standards for, second
units. Such regulations will prevail over a zoning by-law passed by a
council.

The amendment to section 39.1 increases the period of time a by-law may
authorize the temporary use of a garden suite from 10 years to 20 years.

The entire bill can be found at this page:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en
<http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2440&deta
ilPage=bills_detail_the_bill&Intranet
>
&BillID=2440&detailPage=bills_detail_the_bill&Intranet

I hope this finds you Happy and Healthy!

All the Best!

Mark

A. Mark Argentino
P. Eng. Broker
Specializing in Residential & Investment Real Estate
RE/MAX Realty Specialists Inc.
Providing Full-Time Professional Real Estate Services since 1987
BUS 905-828-3434
FAX 905-828-2829 CELL 416-520-1577
mark@mississauga4sale.com
Mississauga4Sale.com

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