Changes to Parkland Dedication Provisions under the Planning Act
On July 1, 2026, amendments to Section 42 of the Planning Act (the “Act”) and O. Reg. 509/20 regarding the dedication of parkland came into effect. As first introduced in 2022 through the More Homes Built Faster Act (Bill 23), the amendments include new statutory rights for an owner of land to dedicate encumbered parkland to municipalities, including stratified parcels and land with easements or below-grade infrastructure, and related appeal rights to the Ontario Land Tribunal (the “Tribunal”).
A redline showing the recent amendments to Section 42 of the Act can be accessed here, and a redline to O. Reg. 509/20 can be accessed here.
Identification of Lands
The amendments to Section 42 of the Act now provide that prior to the first building permit being issued for a development, an owner may identify land or part of a parcel of land which is subject to an easement or other restriction, or encumbered by below grade infrastructure, for conveyance to a municipality in satisfaction of its parkland dedication requirements.
Land identified by an owner to be conveyed to a municipality for this purpose must be accompanied by (i) a plan of survey prepared by a licensed Ontario land surveyor, (ii) a description of any existing or proposed easements, restrictions and below grade infrastructure to which the land is subject, and (iii) a statement by the owner indicating whether the lands meet the prescribed criteria outlined Section 11 of O. Reg. 509/20 (as detailed below).
Appeal of Refusal or Non-Decision by Municipality
Where a municipality refuses to accept the lands that have been identified, or where no decision has been rendered by a municipality within 90 days of the lands being identified, an owner now has a statutory right to appeal to the Tribunal for a decision.
On appeal, the Tribunal must consider and be satisfied that the identified lands meet the following prescribed criteria, as set out in Section 11 of O. Reg. 509/11:
The land does not have in it any contaminants that would pose a risk to human health.
None of the land comprises any part of hazardous lands or hazardous sites, as those terms are defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act.
None of the land is affected by mine hazards or oil, gas and salt hazards, as those terms are defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act.
None of the land is affected by former mineral mining operations, mineral aggregate operations or petroleum resource operations, as those terms are defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act.
The land does not contain and is not adjacent to any natural heritage features and areas, as that term is defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act, unless the use of the land for a park would have no negative impacts on the feature or area.
The land will contain a sufficient depth and volume of soil to accommodate trees.
The land does not contain any liens, charges or other financial encumbrances that will not be removed before being conveyed to the municipality.
The land will be available to the public at all times, subject to any rules the municipality may choose to put in place.
The land will be visible from municipal or other publicly-owned land.
The land will be accessible by all users directly from municipal or other publicly-owned land.
The land is of a size and shape that is appropriate for park or other public recreational purposes.
The land identified in accordance with subsection 42 (4.30) of the Act is not located in the Greenbelt Area, unless the land proposed for development or redevelopment is in the Greenbelt Area.
If the land is within the Greenbelt Area, its use as a park would conform with the Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan, as applicable.
(the “Prescribed Criteria”).
Where the Tribunal has determined that the identified lands meet the Prescribed Criteria and orders that the land be conveyed to the municipality for park or other recreational purposes, such land shall be deemed to count towards at least 70% of an owner’s parkland dedication requirement, or such other larger amount as may be determined by the municipality.
Easement Agreements
Where a municipality intends to accept encumbered land, the municipality may require an owner to enter into an agreement to provide that the land be used for a park or other recreational purpose, and that such agreement be registered on title to the land on which it applies. Under subsection 42(4.39) of the Act, where the Tribunal has ordered the conveyance of land to a municipality, the Tribunal may also require that an owner enter into such agreement with said municipality.
We will continue to monitor any further updates in respect of this matter, and our firm is actively considering how these legislative changes may affect development approvals that include such things as Privately Owned Publicly Accessible Space (POPS). Should you have any questions or require further insight to assess implications on your projects, please contact us.
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.