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Sections 35.1 and 35.2 [By-laws to Give Effect to Second Unit Policies and Inclusionary Zoning Policies]

Bill 139 did not amend sections 35.1 and 35.2.

 


 

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  • 35.1(1) 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).  2011, c. 6, Sched. 2, s. 6.

  • 35.1(2) REGULATIONS

    35.1(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).  2011, c. 6, Sched. 2, s. 6.

  • 35.1(3) REGULATION APPLIES AS ZONING BY-LAW

    35.1(3) A regulation under subsection (2) applies as though it is a by-law passed under section 34.  2011, c. 6, Sched. 2, s. 6.

  • 35.1(4) REGULATION PREVAILS

    35.1(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.  2011, c. 6, Sched. 2, s. 6.

  • 35.1(5) EXCEPTION

    35.1(5) A regulation under subsection (2) may provide that a by-law passed under section 34 prevails over the regulation.  2011, c. 6, Sched. 2, s. 6.

  • 35.1(6) REGULATION MAY BE GENERAL OR PARTICULAR

    35.1(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.  2011, c. 6, Sched. 2, s. 6.

  • 35.2(1) BY-LAWS TO GIVE EFFECT TO INCLUSIONARY ZONING POLICIES

    35.2(1) If the official plan in effect in a local municipality contains policies described in subsection 16 (4),

    (a) the council of the municipality shall pass one or more by-laws under section 34 to give effect to the policies, if the municipality is prescribed for the purpose of subsection 16 (4);

    (b) the council of the municipality may pass one or more by-laws under section 34 to give effect to the policies, if the municipality is not prescribed for the purpose of subsection 16 (4).  2016, c. 25, Sched. 4, s. 4.

  • 35.2(2) CONTENT OF BY-LAW

    35.2(2) If a by-law is passed under section 34 to give effect to policies described in subsection 16 (4), the by-law,

    (a) shall require that the development or redevelopment of specified lands, buildings or structures include,

    (i) the number of affordable housing units determined under the regulations or, in the absence of such regulations, the number of affordable housing units determined under the by-law, or

    (ii) affordable housing units occupying the gross floor area determined under the regulations or, in the absence of such regulations, the gross floor area determined under the by-law;

    (b) shall require that the affordable housing units be maintained as affordable housing units for the period of time determined under the regulations or, in the absence of such regulations, for the period of time determined under the by-law;

    (c) shall require that the affordable housing units meet the requirements and standards specified in the regulations or, in the absence of such regulations, that the affordable housing units meet requirements and standards specified in the by-law;

    (d) in addition to requiring that the affordable housing units meet the requirements and standards specified in the regulations, may require that the affordable housing units meet additional requirements and standards specified in the by-law;

    (e) shall provide for the measures and incentives specified in the regulations to support the policies described in subsection 16 (4) or, in the absence of such regulations, may provide for measures and incentives to support those policies;

    (f) in addition to providing for the measures and incentives specified in the regulations to support the policies described in subsection 16 (4), may provide for additional measures and incentives to support those policies;

    (g) shall require that when the affordable housing units are sold or leased, they be sold at the price or leased at the rent determined under the regulations or, in the absence of such regulations, may require that when the affordable housing units are sold or leased, they be sold at the price or leased at the rent determined under the by-law;

    (h) shall include the prescribed provisions and provisions about the prescribed matters; and

    (i) shall require that the owners of any lands, buildings or structures that are to be developed or redeveloped under the by-law enter into agreements with the municipality, dealing with the matters mentioned in clauses (a) to (h) and ensuring continued compliance with those matters.  2016, c. 25, Sched. 4, s. 4.

    Related Regulations

    O. Reg. 232/18: INCLUSIONARY ZONING

    3. (1) Official plan policies described in subsection 16 (4) of the Act shall set out the approach to authorizing inclusionary zoning, including the following: ...

    5. For the purposes of clause 35.2 (2) (a) of the Act, the number of affordable housing units, or the gross floor area to be occupied by the affordable housing units, that would be required.

    6. For the purposes of clause 35.2 (2) (b) of the Act, the period of time for which affordable housing units would be maintained as affordable.

    7. For the purposes of clause 35.2 (2) (e) of the Act, how measures and incentives would be determined.

    8. For the purposes of clause 35.2 (2) (g) of the Act, how the price or rent of affordable housing units would be determined.

  • 35.2(3) PROCEDURE TO ENSURE AFFORDABILITY MAINTAINED

    35.2(3) A council of a municipality that passes a by-law giving effect to policies described in subsection 16 (4) shall establish a procedure for monitoring and ensuring that the required number of affordable housing units, or the required gross floor area to be occupied by affordable housing units, as the case may be, is maintained for the required period of time. 2016, c. 25, Sched. 4, s. 4.

    Related Regulations

    O. Reg. 232/18: INCLUSIONARY ZONING:

    3.(2) Official plan policies described in subsection 16 (4) of the Act shall set out the approach for the procedure required under subsection 35.2 (3) of the Act to monitor and ensure that the required affordable housing units are maintained for the required period of time.

  • 35.2(4) SAME

    35.2(4) The procedure required under subsection (3) shall include the prescribed provisions and provisions about the prescribed matters.  2016, c. 25, Sched. 4, s. 4.

  • 35.2(5) RESTRICTIONS ON AUTHORITY

    35.2(5) If a council of a municipality passes a by-law giving effect to policies described in subsection 16 (4),

    (a) the council may, subject to the prohibitions or restrictions contained in the regulations, authorize the erection or location of some or all of the required affordable housing units in or on lands, buildings or structures other than those that are the subject of the development or redevelopment giving rise to the by-law requirement for affordable housing units; and

    (b) the council may, subject to the prohibitions or restrictions contained in the regulations, use its authority under section 37 with respect to the development or redevelopment giving rise to the by-law requirement for affordable housing units.  2016, c. 25, Sched. 4, s. 4.
    Related Regulations

    O. Reg. 232/18: INCLUSIONARY ZONING, s.5 re Restrictions on offsite units and s.6 re Restrictions on the use of s. 37 of the Act

  • 35.2(6) NO AUTHORITY FOR PAYMENT IN LIEU

    35.2(6) For greater certainty, if a council of a municipality passes a by-law giving effect to policies described in subsection 16 (4), nothing in this section authorizes the council to authorize the payment of money in lieu of the provision of any or all of the required affordable housing units.  2016, c. 25, Sched. 4, s. 4.

  • 35.2(7) REGISTRATION OF AGREEMENTS

    35.2(7) An agreement entered into under clause (2) (i) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions of the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land.  2016, c. 25, Sched. 4, s. 4.

  • 35.2(8) APPLICATION OF MUNICIPAL ACT, 2001 OR CITY OF TORONTO ACT, 2006

    35.2(8) Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006, as the case may be, applies to the requirements imposed by an agreement entered into under clause (2).  2016, c. 25, Sched. 4, s. 4.

  • 35.2(9) REPORTS AND INFORMATION

    35.2(9) A council of a municipality that passes a by-law giving effect to policies described in subsection 16 (4) shall provide the prescribed reports and information concerning affordable housing units in the municipality to the prescribed persons or classes of persons at such times, in such manner and in accordance with such other requirements as may be prescribed.  2016, c. 25, Sched. 4, s. 4.

    Related Regulations

    O. Reg. 232/18: INCLUSIONARY ZONING, s.7 re Reports of municipal council

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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