February to May, 2023

• The Government is seeking feedback on the Financial Services Regulatory Authority of Ontario (FSRA)’s proposed regulatory amendments addressing O.Reg 408/12 and S.12(1) of O.Reg 347/04 under the Insurance Act. The proposed changes would impact the Unfair and Deceptive Acts or Practices Rule (UDAP) to ban deferred sales charges in segregated funds. For more details on the proposal, or to submit comments, please see the first hyperlink. Comment period is open until May 3, 2023.
• Through Bill 97, the Ministry of Municipal Affairs and Housing is proposing changes to the Planning Act. The proposal outlines changes to fee refund provisions, site plan controls, appeals of interim control by-laws, new authority for MZOs, ministerial authority to require development agreements, employment area protections, as well as other consequential changes to support Bill 23. For more details, or to submit comments, visit the second hyperlink. Comment period is open until May 6, 2023.
• The Ministry of Municipal Affairs and Housing is proposing changes to the Building Code Act which would increase options for enforcement in unorganized territories under the Building Code by allowing for the appointment of a building inspector. For more details, or to submit comments, visit the first hyperlink. Comment period is open until May 6, 2023.
• The Ministry of the Environment, Conservation and Parks re-opened the comment period for feedback regarding proposed regulations and related actions to move toward a project-list approach under the Environmental Assessment Act. There are proposed changes to four areas: the proposed designation of rail, multi-lane highways, electricity transmission and waterfront projects. For more details, or to submit comments, visit the first hyperlink. Comment period is open until May 9, 2023.
• The Ministry of Transportation is exploring a new micromobility pilot regulation, and to expand existing pilots when deemed appropriate. With this, the MTO will be able to align the expiry periods for all micromobility pilot vehicles, including electric kick-scooters, large quadricycles, golf cars, low-speed vehicles, and cargo e-bikes. For more information, or to submit comments, visit the hyperlink. Comments can be submitted until May 9, 2023.
• The Ministry of Energy is seeking feedback on the study released by the Independent Electricity System Operator (IESO) entitled “Pathways to Decarbonization.” This study was done in response to the “Gas Phase-Out Impact Assessment” which concluded  that the decarbonization of the electricity system by 2030 was not technically or economically feasible. For more information on the Study, or to submit comments, please see the hyperlink. Comment period is open until May 14, 2023.
• The Ministry of Natural Resources and Forestry is seeking comments on the proposal to prescribe Section 13: Prevention and Response Plans, under the Invasive Species Act, as a Class I instrument under the Environmental Bill of Rights (O.Reg 681/94), which would require all future prevention and response plans to be posted on the Environmental Registry of Ontario (ERO) for public review. For more details, or to submit comments, visit the first hyperlink. Comment period is open until May 15, 2023.
• The Ministry of Energy is proposing amendments to O. Reg. 429/04 under the Electricity Act. The proposed amendments address Industrial Conservation Initiative (ICI) eligibility rules related to promoting continuity of ICI, and exempting GA charges for power purchased from outside of the province using private transmission lines. More details can be found via the first hyperlink. Comments can be submitted until May 17, 2023.
• The Ministry of Health is proposing to amend the Health Protection and Promotion Act (HPPA) (O.Reg 135/18) to designate several new emerging tick-borne diseases as “diseases of public health significance” due to the increase of blacklegged tick populations across Ontario. For more details, visit the first hyperlink. Comment period is open until May 18, 2023.
• The Ministry of Natural Resources and Forestry has issued a proposal which would amend the Fish and Wildlife Conservation Act and associated regulations, to allow for the issuance of licences of new dog train and trial areas, and to allow the transfer of licences. For more details, or to submit comments, visit the hyperlink. Comment period is open until May 18, 2023.
• The Ministry of Transportation is proposing an amendment to the Highway Traffic Act that would prohibit the overtaking of snow plows in echelon formation on multi-lane highways with a posted speed limit of 80 km/h or higher unless a full lane is available to complete the manoeuvre safely. Comment period is open until May 18, 2023.
• The Ministry of Health is proposing to amend the Health Protection and Promotion Act (HPPA) (O.Reg 135/18) to designate several new emerging tick-borne diseases as “diseases of public health significance” due to the increase of blacklegged tick populations across Ontario. For more details, visit the first hyperlink. Comment period is open until May 18, 2023.
• The Ministry of Transportation is proposing amendments to the Towing and Storage Safety and Enforcement Act which would clarify definitions, terminology, and authority, and propose consequential amendments to the Municipal Act to remove the municipal authority to licence the sector, transferring the responsibility onto the province. For more details, or to submit comments, visit the hyperlink. Comment period is open until May 19, 2023.
• The Ministry of Municipal Affairs and Housing is proposing to freeze all Building Code fees at the January 1, 2023 levels. More details can be found by visiting the posting. Comment period is open until May 21, 2023.
• The Government is proposing changes to set out conditions under which municipalities could use site plan control for residential developments of 10 or fewer units on a single lot (in addition to in the context of land lease communities where site plan control can already be used). More details can be found by visiting the posting. Comment period is open until May 21, 2023.
• The Province is seeking feedback on future regulations to create a framework for municipal rental replacement by-laws. This would allow the Minister to set minimum requirements which municipalities must impose on landowners, if they have rental replacement by-laws. There are also additional regulations proposed would prescribe limits to municipal powers under S.99.1 of the Municipal Act, as well as minimum requirements that municipalities must impose on landowners of ‘replacement units’ to increase protections for displaced tenants. More details can be found by visiting the posting. Comment period is open until May 21, 2023.
• The Ministry of Infrastructure has proposed amendments to municipal service and right of way (ROW) access under the Building Broadband Faster Act. The proposed changes would require municipalities to respond to requests for ROW access from ISPs within 10 or 15 business days, during which time the municipality must either approve the request or inform the ISP of a material deficiency/issue, which the ISP must then address to obtain approval. There are also other changes listed in the proposal. For more details, or to submit comments, visit the first hyperlink. Comment period is open until May 21, 2023.
• The Ministry of the Solicitor General is proposing amendments to the Provincial Animal Welfare Services Act (PAWS). The amendments would impact inspector powers and update the Animal Care Review Board processes. There is no anticipated cost for municipalities associated with this proposal.  For more information on the proposal, or to submit comments, visit the hyperlink. Comments can be submitted until May 25, 2023.
• The Ministry of the Solicitor General and Ministry of the Attorney General are seeking input on proposed amendments to the Fire Protection and Prevention Act. If approved, it would authorize the appointment of more than one Deputy Fire Marshal and provide the Fire Safety Commission (FSC) with authority to extend the time to appeal an order beyond the 30-day period. The proposal would also impact cost recovery where fire departments carry out actions related to immediate ATCs, by allowing for the use of municipal lien or the Provincial Land Tax Act, respectively, and allow the FSC processes to consider ACT actions when an Order to Pay Costs is appealed. For more information, or to submit comments see the hyperlink. Comments can be submitted until May 25, 2023.
• The Ministry of Municipal Affairs and Housing is launching a consultation to review proposed policies to form a new provincial planning policy instrument which would replace the previous 2020 Provincial Policy Statement and Growth Plan. The Government has proposed policies under five pillars: generate an appropriate housing supply, make land available for development, provide infrastructure to support development, balance housing with resources, and implementation. For more details, or to submit comments, visit the first hyperlink. Comment period is open until June 5, 2023.
• The Ministry of Energy is proposing regulatory amendments, and bringing forward a new regulation under the Electricity Act, which, if approved, would create a statutory-based limitation period of 2 years beyond which the IESO, market participants, and consumers could no longer pursue entitlements (payments, adjustments, amounts, etc.) arising from electricity rate mitigation programs or other amounts established by legislation/regulations. For more information, or to submit comments, visit the first hyperlink. Comments can be submitted until June 5, 2023.
• The Ministry of Finance has launched its consultations on proposed regulations necessary for implementing a permanent target benefit framework in Ontario. The framework would replace the temporary funding regulations currently in place for Specified Ontario Multi-Employer Pension Plans (SOMEPPs), which expire beginning in 2024. For more details on the proposal, or to submit comments, please see the hyperlink. Comment period is open until June 30, 2023.

The Ministry of Health is proposing an amendment to R.R.O Reg. 565 (Public Pools) under the Health Protection and Promotion Act. If approved, it would lower the legal age requirement for lifeguards, assistant lifeguards and aquatic instructors/coaches to be 15 years of age, opposed to the current age requirement of 16 years. Comments can be submitted until April 28, 2023 via the first hyperlink.

The Ministry of Municipal Affairs and Housing is reviewing the administrative and technical requirements under Ontario’s Building Code which pertain to new construction, renovation, and change of use of buildings. New editions or major amendments to Ontario’s Building Code are generally released every five years to coincide with updates to the National Construction Codes. These changes will follow the 2025 National Building Code. For more details, or to submit comments, visit the hyperlink. Comment period is open until April 27, 2023.

The Government is proposing an amendment to Subsection 15.1.1 of the Environmental Assessment Act that will waive the mandatory 30-day waiting period following the public comment period specified in a notice of completion or addendum for a project required to undergo a Class EA process. This change is being proposed in according with Bill 69, Reducing Inefficiencies Act, which is currently in Second Reading in the Legislature. For more details, or to submit comments, click the first hyperlink. Comment period is open until March 28, 2023.

The Ministry of Transportation is proposing a modification to both the language and the manufacturing application date in O.Reg 413/05 which would remove the current requirement for the optional emergency lift axle override control to be “separate and independent from the 4-way flasher” from trucks or tractors built after January 1, 2020; and modify the date of application for this section from January 1, 2020 to January 1, 2024. For more details on the regulatory proposal, or to submit a comment, click on the first hyperlink. Comment period is open until March 23, 2023.

The Government is re-engaging with stakeholders through a consultation paper that sets out proposals for reform to the Consumer Protection Act. This paper builds on the consultation that occurred in 2020-2021 and includes proposals that were in the 2020 consultation paper, as well as feedback from respondents. Comment period is open until March 17, 2023.

The Ministry of Municipal Affairs and Housing is considering making a municipal data reporting regulation that the provincial government can use to measure progress towards Housing Supply Action Plan commitments. This would be done as part of Bill 109, More Homes for Everyone Act, 2022, which amended the Planning Act to give the Minister of Municipal Affairs and Housing the authority to require municipalities and planning boards to report information on planning matters. For more details on the regulatory proposal, or to submit a comment, click on the first hyperlink. Comment period is open until March 8, 2023.

Province of Ontatio

The Province has launched a consultation process for the 2023 Budget. The purpose of the consultation is to garner public input on what should be included in the 2023 budget. Feedback can be submitted through a survey via the hyperlink. There is also an option for a written submissions or email.

Deadline to respond is February 10, 2023.