Fundamental Changes Made To Planning Act Appeals As Bill 185 Receives Royal Assent

On June 6, 2024, the Cutting Red Tape to Build More Homes Act, 2024 (Bill 185), was given royal assent, bringing into force sweeping changes to the ability to file appeals of Planning Act decisions to the Ontario Land Tribunal. As set out in more detail below, with limited exceptions generally related to industries protecting against encroaching residential development, no appeals can be filed by third parties with the Tribunal — meaning neighbours, individuals, companies and ratepayer groups can no longer appeal development approvals.

Landowners will continue to have the right to file appeals of Planning Act decisions that affect land they own.

Bill 185 also rolls back the phase-in of development charge increases that had been introduced in Bill 23, as well as the fee refund regime that had been introduced into the Planning Act by Bill 109.