The Impact of Bill 185 on the Municipality of Clarington

On June 6, 2024, the Cutting Red Tape to Build More Homes Act (Bill 185), became an official law in Ontario. These legislative changes, aimed to support the Government of Ontario’s goal to build 1.5 million homes by 2031, will have a significant impact on residents’ rights and Clarington’s powers under the Planning Act, Development Charges Act and Municipal Act.

Here's what you should know:

Elimination of appeal rights

• The change: Bill 185 has removed appeal rights for official plans, official plan amendments, zoning by-laws, and zoning by-law amendments, specifically for neighbours, individuals, companies and ratepayer groups who will only be able to make their case to Clarington Council about these items before Clarington Council makes a decision. However, the exception to the rule is that registered property owners are permitted to appeal land use decisions that apply to their property.
• The background: Before Bill 185, when a municipal council adopted a new by-law or official plan, an appeal period would follow where members of the public, individuals or organizations could file an appeal against the decision provided they participated in the process by making a submission – that right has been eliminated.

New parking restrictions

• The change: Municipal council can no longer create or enforce rules to require a minimum number of parking spaces for new developments in Protected Major Transit Station Areas (PMTSA), and other areas where minimum densities are required by official plans and provincial policies.
• The background: This is meant to promote more efficient land use, reduce reliance on cars and encourage the use of public transportation by ensuring that developments in these areas are not hindered by requirements for excessive parking spaces. The challenge is that a lack of adequate parking could mean spillover on surrounding streets and neighbourhoods as residents and visitors seek parking in high density areas.

Pre-consultation development meetings are now voluntary

• The change: The municipality is no longer authorized to require pre-consultation meetings for official plan amendments, zoning by-law amendments, site plan approval and draft plans of subdivision, which could create longer lead times to review application materials and result in a potential loss of $160,000 in municipal revenue.
• The background: Pre-consultation meetings provide developers with a valuable opportunity for municipal staff and agencies to provide preliminary comments on the overall development proposal, identify any key issues, outline the approvals required, and confirm the supporting information, materials and studies that must be submitted with the planning application to be considered complete under the Planning Act. The process helps improve application approval timelines and reduce the number of modifications needed.

Clarington will assume responsibility for all planning matters from the Region of Durham

• The change: Official timing is yet to be determined, but it’s anticipated that Clarington will assume responsibility for all planning matters from the Region of Durham by the end of 2024.
• The background: Clarington is one of eight lower tier municipalities located within the Region of Durham, known as the upper tier. Historically, Durham Region had the power to exercise approval authority over Clarington’s planning decisions, maintain an upper tier official plan, and have appeal rights as a public body on Planning Act applications. By the end of 2024, the Region of Durham will become an “upper-tier municipality without planning responsibilities.”

The Municipality of Clarington is committed to responsible growth through the development of resilient, sustainable and complete communities. To learn more about Clarington’s Planning process, please visit www.clarington.net.