Bill 17 Passed: Legislative Update on the Protect Ontario by Building Faster and Smarter Act, 2025
Further to our earlier newsletter, Bill 17, Protect Ontario by Building Faster and Smarter Act, 2025 – New Planning Legislation Ordered for Second Reading, we are providing the following update.
Bill 17 received Royal Assent on June 5, 2025 – the final sitting day of the Legislature before the summer recess.
The Province did not refer Bill 17 to a legislative committee and there were no substantive revisions to the version of Bill 17 released on May 12, 2025.
Please see our previous summary of key legislative changes to the Planning Act; City of Toronto Act, 2006; Building Code Act, 1992; and the Development Charges Act, 2017, introduced through Bill 17 in our previous newsletter, Bill 17, Protect Ontario by Building Faster and Smarter Act, 2025 – New Planning Legislation Ordered for Second Reading. Most of these legislative amendments are now in-force, subject to the following exceptions:
Development Charges: The following key legislative amendments will come into force on a future date to be named by the Lieutenant Governor in Council:
1. the ability to pay development charges for non-rental residential development at the time of occupancy rather than upon building permit issuance;
2. the revised interest provision under Section 26.1(7) of the Development Charges Act, 1997, which limits a municipality’s ability to charge interest on development charge installments to only the amount that had accrued prior to June 5, 2025; and
3. the proposed new Section 26.1(12) of the Development Charges Act, 1997, which permits early payment of development charges.
Setback Variances: The legislative amendments to the Planning Act that allow as-of-right reductions to minimum setbacks will be operative once the Minister of Municipal Affairs and Housing files an enabling regulation. The Minister has proposed a regulation that would permit a landowner to obtain a 10% variance to a minimum setback “as-of-right” (see the proposed regulation here); however, this regulation has not yet been approved.
Required Studies and Information in Support of a Complete Application: The legislative amendments that will limit a municipality’s ability to require certain studies in order for an application (OPA, ZBA, Site Plan, Subdivision, and Consent applications) to be deemed complete will only take effect once the Minister files a regulation under section 70.1(1), paragraph 20.1 of the Planning Act. The Province is seeking comments on a proposed regulation, and has sought feedback on the types of studies and reports which potentially may not be required as part of a complete application (for example, sun/shadow, wind, and urban design studies, and lighting plans). See the proposed regulation here.
We will continue to monitor legislative developments closely and provide updates as the fall session approaches.
Disclaimer: This document is for information purposes only and does not constitute legal advice to any party. The contents of this document reflect our firm’s general review and observations concerning legislative and regulatory instruments, which are subject to change. Please seek professional legal advice on matters of direct concern to you.