Bill 185, officially titled the Cutting Red Tape to Build More Homes Act, 2024, became law when it received Royal Assent on June 6, 2024. This legislative milestone marks a significant shift in Ontario’s planning and development framework, with changes aimed at expediting housing construction, reducing regulatory delays, and reshaping how municipal approvals and appeals are handled. Understanding Royal Assent and the effects of Bill 185 is essential for anyone involved in land use, real estate, or municipal planning in Ontario.
What Is Royal Assent?
Royal Assent is the final formal step in the legislative process whereby a bill passed by a provincial legislature becomes law. In Ontario, the Lieutenant Governor grants Royal Assent, typically following the advice of elected officials. Once Royal Assent is given, the bill is enacted as a statute and its provisions come into force according to the Act’s commencement rules. Bill 185 received Royal Assent on June 6, 2024 and became Chapter 16 of the Statutes of Ontario, 2024.
Main Objectives of Bill 185
The legislation aims to cut red tape and support the province’s goal of building 1.5 million homes by 2031. Its primary objectives include:
- Streamlining municipal approvals under the Planning Act and Municipal Act;
- Limiting appeal rights to reduce delays in development;
- Updating rules under the Development Charges Act and other planning legislation;
- Clarifying the future governance of regional municipalities like Peel Region.
These measures reflect a broader effort to boost housing supply and reduce administrative bottlenecks.
Key Changes Brought into Force
Appeal Restrictions Under Planning Instruments
Bill 185 significantly restricts third-party appeal rights in respect of official plan amendments, zoning by-laws and related amendments under the Planning Act. After Royal Assent, only specified persons (such as utility operators, certain businesses, or registered landowners who made submissions at council) or public bodies may appeal, whereas general third-party appeals are largely removed. Appeals filed before April 10, 2024 were dismissed unless they met narrow exceptions.
Expanded Definition of Specified Persons
The final version expanded who qualifies as a specified person eligible to appeal:
- Operators or owners of airports and NAV Canada;
- Holders of aggregate resource permits within 300 m of proposed changes;
- Owners with environmental approvals or registrants in affected areas.
These adjustments enabled more parties to retain appeal rights in narrowly defined circumstances.
Development Charges Act Updates
Bill 185 amended the Development Charges Act, 1997 by adjusting how development charges are calculated. The amendments added transitional rules for Ottawa and allowed inclusion of capital study costs in charge calculations, affecting fee outcomes on development projects.
Planning Act and Municipal Act Reforms
- Repealed municipalities’ ability to set mandatory pre-consultation meeting bylaws;
- Eliminated statutory refunds of application fees if municipalities miss statutory timelines;
- Amended lapsing provisions to impose default three-year periods for site plan and subdivision approvals;
- Removed certain upper-tier municipalities from planning authority, including Peel, York, and Halton regions beginning July 1, 2024.
Governance Clarity for Regional Municipalities
Bill 185 clarified the status of Peel Region by confirming it will not be dissolved under the earlier Hazel McCallion Act amendments. This reinstated certainty about governance and service delivery across Peel’s municipalities.
Significance of Royal Assent in Context
Royal Assent is the formal enactment moment when a bill becomes active legislation. For Bill 185, the Lieutenant Governor’s assent meant legal force took effect for the amendments across numerous statutes. Schedules that came into force on that date, and others will be phased in by proclamation as specified within the Act.
Impact on Land Use Planning and Housing Development
Stakeholders, including developers, municipalities, and urban planners, must adjust to the new legal landscape. Bill 185 accelerates processing timelines, limits appeal opportunities, and sets new procedural norms. These changes aim to reduce delays in approving housing projects, making it easier to build more homes faster.
Implications for Developers
- Reduced timeline risk in planning approvals;
- More predictable fee structures under revised development charges;
- Greater certainty around appeal outcomes if eligible landowners make submissions early.
Implications for Municipalities
- Less administrative burden on pre-application consultation and fee refund obligations;
- Need to adjust planning governance, especially in regional municipalities affected by Schedule changes;
- New responsibilities to administer use it or lose it lapsing rules for approvals.
Potential Challenges and Criticisms
While Bill 185 intends to streamline development, observers warn of unintended downsides:
- Reducing third-party appeals may limit public participation and scrutiny;
- Removal of mandatory pre-consultation may lead to poorly informed applications;
- Repealing application fee refund rules might reduce municipal accountability for timely decision-making.
Critics argue these changes could undermine transparency and diminish community voice in planning processes.
The grant of Royal Assent on June 6, 2024 transformed Bill 185 from a legislative proposal into active law. The Cutting Red Tape to Build More Homes Act, 2024 introduces sweeping amendments across the Planning Act, Development Charges Act, Municipal Act, and regional governance regimes. Its provisions aim to accelerate housing development by limiting appeals, simplifying fees, and reallocating authority in regional municipalities. While supporters praise its potential to reduce delays and build more homes, critics point to risks around public involvement and procedural fairness. Following Royal Assent, stakeholders must adapt to the new regime and navigate its implications for planning and development in Ontario.