Bill 128 explained in plain English
Planning Amendment Act (Enabling Municipalities to Require Inclusionary Housing), 2012
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 40th Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
This bill amends the Planning Act to allow municipalities to require that a specified percentage of new housing developments be affordable to low and moderate-income households.
Bill 128, also known as the Planning Amendment Act (Enabling Municipalities to Require Inclusionary Housing), 2012, proposes changes to Ontario's Planning Act. It aims to allow municipalities to require that a certain percentage of new housing developments include affordable housing units for low and moderate-income households. This would be achieved by enabling municipal councils to pass by-laws for inclusionary housing and by allowing approval authorities to impose this as a condition for subdivision plans.
- Amends the Planning Act to enable local municipalities to pass zoning by-laws requiring inclusionary housing in new housing developments.
- Allows municipalities to mandate that a specified percentage of housing units in new developments (containing 20 or more units) be affordable to low and moderate-income households.
- Authorizes the approval authority to impose inclusionary housing requirements as a condition for approving subdivision plans.
- Introduces a new section to the Planning Act that details requirements for inclusionary housing by-laws.
- Defines "affordable" housing by referencing the Provincial Policy Statement.
- Specifies that inclusionary housing by-laws can include requirements for the percentage of affordable units, and allows for agreements regarding affordable housing requirements, including eligibility for ownership and occupancy.
- Grants authority to the Lieutenant Governor in Council to make regulations on various aspects of affordable housing units, such as number of bedrooms, size, timing, location, design standards, eligibility, and alternative methods like fees in lieu or provision of land.
- Ensures that the existence of an inclusionary housing by-law does not obligate the municipality to provide financial assistance or incentives to developers.
- Municipal councils
- Approval authorities
- Developers of new housing developments
- Low and moderate-income households
- Subsequent owners of land subject to inclusionary housing agreements
- The Lieutenant Governor in Council (for regulations)
- Municipal councils have the right to pass by-laws requiring inclusionary housing.
- Approval authorities have the right to impose inclusionary housing as a condition for subdivision approval.
- Developers may be required to enter into agreements with municipalities regarding affordable housing.
- Municipalities have the right to enforce registered agreements against developers and subsequent owners.
- The Lieutenant Governor in Council has the power to make regulations related to affordable housing units.
- The Act comes into force six months after receiving Royal Assent.
- The bill does not require municipalities to provide financial assistance or other incentives to developers for inclusionary housing.
- Agreements regarding inclusionary housing requirements can be registered against the land and enforced by the municipality against developers and subsequent owners.
- The definition of "affordable" housing is determined by the Provincial Policy Statement, which is available from the Ministry of Municipal Affairs and Housing.
- The specifics of inclusionary housing by-laws, such as the exact percentage of affordable units, timing of construction, and eligibility requirements, can be further defined by regulations made by the Lieutenant Governor in Council.
- The bill does not specify whether municipalities are obligated to have an official plan in place that addresses inclusionary housing before passing a by-law.
- The bill states that municipalities are not required to provide financial assistance or incentives to developers, but does not prevent them from doing so voluntarily.
This bill amends the Planning Act to enable municipalities to require affordable housing units in new developments.
Source: Bill 128, Section 1, 2, 3, 4
Adds a definition for "affordable" housing by referencing the Provincial Policy Statement.
Source: Bill 128, Section 1
Adds provisions allowing municipal councils to pass zoning by-laws to require inclusionary housing in new developments.
Source: Bill 128, Section 2
Allows the approval authority to require a specified percentage of housing units in new developments within a subdivision to be affordable as a condition of subdivision plan approval.
Source: Bill 128, Section 4
Details the requirements and conditions for municipalities to pass inclusionary housing by-laws, including the ability to specify percentages and enter into agreements with developers.
Source: Bill 128, Section 3
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
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Vote Summary
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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