Bill 23 Impacts to Residents

Concerned with the impacts of Bill 23, Build More Homes Faster Act? The Town of Caledon held an emergency meeting of Council on November 25, 2022 where Council unanimously voted to ask the province to halt the Act and begin fulsome consultation with all municipalities on local impacts. The Government of Ontario passed the bill on November 28, 2022 with minor changes. Some parts of the Bill will come into force at a later date.

What is Bill 23?

Bill 23 makes changes to legislation already in place for municipal government and land planning. These changes are raising concerns with existing municipalities including the Town of Caledon.

Next Steps

In February 2023, staff will report back on housing targets. There may be unforeseen impacts to the budget process that staff will only be able to identify as more details become available. Staff are also in contact with other municipalities, conservation authorities and levels of government to further evaluate strategies to address the implications of Bill 23.

Information on Bill 23 and how it relates to Caledon will be updated as information becomes available. 

 Statement Mayor Annette Groves
 View the Mayor’s Statement.
Staff Report to Council - January 17, 2023

Staff Report: Caledon's Initial Action Plan in Response to Bill 23 and Greenfield Changes

Schedule A Town of Caledon Bill 23 Preliminary Impact Analysis and Action Items

Schedule B Bill 23 Explanatory Note

Schedule C Bill 23 In Effect Notes

Schedule D Ministry letter for Caledon Housing Pledge

Schedule E Ministry letter to AMO

Schedule F Region of Peel Report on Bill 23 Implications

Schedule G Region of Peel letter to the province for a Municipal Compensation Fund

Schedule H Bill 23 Financial Assessment for Caledon

Schedule I TRCA update

Schedule J MCFN statement and MOU with Town of Caledon
 Staff Presentation to Council - November 25, 2022

 Town of Caledon Staff made a presentation to Council with an overview and impacts of Bill 23.

 

The Town of Caledon has many questions and concerns regarding the bill and what it means to Caledon residents and businesses.

Learn more about this new legislation and how it impacts you as a resident and a taxpayer. 

 Planning Process

 

Caledon's growth management and ability to plan Caledon for Caledon is reduced.

  • Three units on a single residential lot are permitted without any bylaw amendments or site plan approvals.
  • Municipalities will not be able to set minimum unit sizes or require more than one parking space per unit.
  • New units built under this permission will be exempt from Development Charges (DCs), Community Benefit Charges (CBCs) and parkland requirements that fund necessary amenities.
  • Residential development proposals with less than ten units (10) are exempt from site plan approval.
  • Caledon will need to use tax dollars to pay any successful party’s cost if the municipality’s case is unsuccessful at the Ontario Land Tribunal (OLT).
  • No third-party appeals in consent and minor variance appeals at OLT.
 Heritage

Heritage properties have less protection.

  • Listed properties not designated within the next 2 years it will be removed from the register.
  • Criteria for heritage designation are to be increased making it more difficult to protect smaller & locally significant properties.
  • A process is proposed to allow current Heritage Conservation District Plans to be amended or repealed.
 Environment

The environment has less protection in place.

  • People and property will be more vulnerable to climate impacts due to loss of Conservation Authorities expertise and natural features.
  • The role of Conservation Authorities in plan review will be more limited and user fees will be frozen.
  • Greenbelt lands being used set a precedent for further use.
  • Wetlands will have less protection.
  • Development can occur in areas that provide water quality and flood protection - Caledon may need more costly stormwater and wastewater infrastructure.
 Development Charges

The Town has reduced ability to collect and use development charges that pay for growth.

  • Development Charges (DCs) are fees collected from developers that help pay for the cost of municipal services or impacted infrastructure such as roads and transit. DCs can no longer be used to fund studies(Official Plan, Secondary Plans, Environmental Assessments, Heritage reviews, etc.) DCs can no longer be used to purchase land for growth-related infrastructure such as stormwater (not in force yet).
Housing Affordability

It may not make houses affordable. 

  • There is no direct reduction of charges or levies to make housing more affordable. It may increase housing but not make it more affordable.
 Enough Parkland

There will not be enough parkland for people.

  • Parkland will be decided based on site size and not the number of people that will use it.
  • The Town will not be able to get enough land to deliver enough park facilities meaning future residents will have less access to parks and recreation services.
 Taxpayers

Property tax will go up, unless other funding tools are made available to the Town. 

  • The Town's ability to use development charges to pay for growth related infrastructure will be reduced and taxpayers will have to bridge the gap of millions. 

Changes From Bill 23

Interim Zoning Measures Regarding Bill 23’s Additional Residential Unit Policies

Bill 23 made changes in the Planning Act that impact our Zoning By-law (2006-50) for additional residential units in a dwelling. Before the passing of Bill 23, the Town of Caledon permitted a maximum of one accessory apartment in certain dwelling types, largely with the exception of lands located in the Oak Ridges Moraine Conservation Plan Area.

As part of the Comprehensive Zoning By-law review, staff will study the impacts of Bill 23 and work with the community and Council to update the Zoning By-law (and Official Plan) as required to address Bill 23.  Further changes to this interim position may come as a result of further changes from the Province, including expected amendments to O. Reg 299/19. Learn more

Plans of Subdivision: Public Meetings

The province has changed how Ontario municipalities manage plans of subdivisions. Bill 23 removes the requirement that a public meeting be held for proposed plans of subdivision and this is a change for the Town of Caledon. Previously the Planning Act, required public meetings for proposed plans of subdivision before draft plan approval is issued. The Town took an additional step for plans of subdivision that are not yet draft approved with a public meeting held two or more years before the meeting before draft plan approval is issued.

Although this may result in less resident and stakeholder participation, the plan of subdivision process remains public. At this time, a Notice of Application continues to be required for plans of subdivision. Town will continue to provide notice through posting of a sign(s), a mailout to landowners within 120 metres (394 feet) and newspaper advertisements. Residents and other stakeholders are able to reach out to the Town and provide comments through this notification.  

In addition, through the Town’s response to Bill 109, the Town is requiring that new projects undertake public consultation (to the satisfaction of the Town), before a formal plan of subdivision application is submitted. Although the Town is still developing the details on how and when notice will be provided, the requirement will be that applicants hold a meeting where nearby residents/stakeholders can attend, learn about the proposal and provide comment. 

Finally, public meetings continue to be required for Official Plan Amendments and Zoning By-law Amendment applications. At the Town it is typical for plans of subdivision to also require a Zoning By-law Amendment to be approved, and public meetings continue to be required for these applications.   

The Town is advising clients that any draft plan of subdivision application deemed ‘complete’ after January 1, 2023 will no longer require a public meeting.