Municipal, Land Use Planning & Development

Bill 112: The Hazel McCallion Act, 2023 and Potential Impacts of the Proposed Dissolution of the Peel Region

On May 18, 2023, Ontario passed Bill 112 proposing the dissolution of Peel Region, and similar legislation could impact other regions in the near future.

Ontario Seeks to Remove Barriers and Promote Inclusivity for Women on Construction Worksites

Ontario has taken a significant step forward to promoting the inclusion of women in the construction sector.

Client News Alert: Ontario Introduces Bill 97 and Says Goodbye Growth Plan, Hello New PPS – Bill 97 and the new Proposed Provincial Planning Statement

Further changes have been proposed to Ontario's land use planning regime, which will collapse the Growth Plan and Provincial Policy Statement into one document

Major changes proposed to Quebec’s land use planning and development regime: focus on environmental impacts

This bulletin summarizes the proposed amendments to Quebec’s land use and development regime that have environmental implications.

Competing Claims for Construction Holdback – Whose Money is it, anyway?

The Court reviews the application of trust claims to construction projects on Federal lands, and illustrates the importance of a carefully drafted contract.

Broadening the Environmental Enforcement Toolkit: Ontario Expands Administrative Monetary Penalty Regime for Environmental Violations

Ontario is broadening its existing administrative monetary penalties (AMPs) regime for environmental violations.

How to Identify the Proper Use Under Municipal By-Laws: Recap of Applicable Guidelines

This bulletin summarizes a recent Quebec Court of Appeal decision recapping the guidelines applicable to classifying a use under municipal zoning by-laws.

Clear as Mud: The Legal Implications of Land Use Planning in Yukon

A January 31, 2023 decision of the Yukon Supreme Court has raised serious questions about how permitting decisions will be affected.

February 2023 Update – New Restrictions on Selling Land: An Overview of the Prohibition on the Purchase of Residential Property by Non-Canadians Act and Regulations

Update on the Prohibition on the Purchase of Residential Property by Non-Canadians Act and Regulations.

Just the Facts Please! A Discussion of Limitation Periods for Environmental Claims

This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.

Quebec Environmental Law : Overview of Key Developments to Follow in 2023

Environmental law has experienced a strong momentum in recent years and we expect that 2023 will be no exception. This short article presents some of the key developments to follow in this area in Quebec.

The Quick and Dirty on Amendments Impacting Low-Risk and Contaminated Projects Under Ontario’s Excess Soil Regulation

Phase Two of Ontario's Excess Soil Regulation which comes into force on January 1, 2023 was recently amended to narrow the scope of reporting requirements.

Developer Wins Case Against a Montreal Borough After it Refuses to Issue a Construction Permit in the Context of a Site Planning and Architectural Integration Program (SPAIP)

This bulletin discusses a recent decision in which the court found in favour of a developer who sued a borough in connection with an urban planning matter.

News Flash: Generational Shift in Ontario’s Planning Legislation as the More Homes Built Faster Act Receives Royal Assent

As a further update to our earlier bulletins, Bill 23 has now received Royal Assent meaning that much of the More Homes Built Faster Act is in force.

New Restrictions on Selling Land: An Overview of the Prohibition on the Purchase of Residential Property by Non-Canadians Act

On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act will come into force.

Bill 23 Update: Revisions Proposed to Bill 23 Following Lengthy Second Reading

Ontario's most talked about piece of legislation, Bill 23, received some revisions from the Standing Committee prior to Third Reading.

Bill 39: The Province’s Newest Addition to the Tool Belt for Combating the Housing Crisis

In the latest move to address Ontario's housing crisis, the provincial government has proposed further changes to three key pieces of planning legislation.

Bill 23: The More Homes Built Faster Act, 2022, and the Proposed Amendments to the Greenbelt Plan and Oak Ridges Moraine Conservation Plan

Ontario's Provincial Government has proposed sweeping amendments to several Acts, Regulations, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan.

Montréal’s Sud-Ouest borough will start imposing a climate resilience factor for certain construction projects

This bulletin provides an overview of recent Sud-Ouest borough by-law amendments aimed at fighting climate change.

The Quick and Dirty on Ontario’s Proposed Amendments to the Excess Soil Regulation

Proposed amendments to Ontario's Excess Soil Regulation remove reuse planning requirements in low-risk projects and increase flexibility in excess soil storage.

A Zoning Amendment For Environmental Protection May Result In Disguised Expropriation

This article summarizes a recent decision regarding disguised expropriation arising from conservation rezoning.

Developers Beware: Changes to O. Reg. 242/08 Under the Endangered Species Act and What They Mean for Projects Already Underway

Companies may be affected by updated requirements under the Endangered Species Act, including prohibitions on harming new species at risk and related exemptions.

Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional

On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.

Official Plan for Toronto 2051 – The Future of Toronto’s Planning and Development

Information on Toronto's invitation for landowners, residents and other stakeholders in the development industry to have their say on the next official plan.

Ontario Partially Suspends Implementation of Phase 2 of Excess Soil Regulation Until January 2023

On April 21, 2022, Ontario MECP announced temporary suspension of certain provisions in Excess Soil Regulation

Growth Funding Tools (“GFTs”) and the City of Toronto’s Recent Draft GFT By-laws

Growth Funding Tools (GFTs); City of Toronto publishes drafts of its new Development Charges, Community Benefits Charges, and Parkland Dedication By-laws

Alberta’s New Prompt Payment and Construction Lien Act: What You Need to Know Before August 29, 2022 (Consolidated)

A Primer and Comprehensive Overview of Alberta’s New Prompt Payment and Construction Lien Act. What You Need to Know Before August 29, 2022 (Consolidated)

Ontario Proposes to Postpone Implementation of Phase Two of the Excess Soil Regulation

Ministry proposes to delay implementation of Phase 2 of On-Site and Excess Soil Management Regulation from Jan. 1, 2022 to Jan. 1, 2023.

Mandatory COVID-19 Vaccination Policy Upheld

An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.

Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols

A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.

The Quick and Dirty on Phase Two of Ontario’s Excess Soil Regulation

Phase Two of Ontario’s On-Site and Excess Soil Management Regulation took effect on January 1, 2022 introducing a new framework for excess soil in Ontario

City of Toronto Introduces Garden Suites

In this bulletin, we discuss the potential development of garden suites in the City of Toronto.

Update re: Adoption & Passing of City of Toronto Inclusionary Zoning Policy

An overview of the most recent updates to the Adoption & Passing of City of Toronto Inclusionary Zoning Policy

A Rock and a Hard Place: Owner, Employer, and Constructor Liability Under the OHSA

Ontario Court of Appeal - construction project liability under OHSA despite retaining a constructor responsible for health & safety.

New Municipal Tax Recovery, Similar Problems: Alberta’s Bill 77

Bill 77 promises new municipal tax recovery powers for Albertan municipalities, but has some drawbacks that may hinder its effect.

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies

Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.

Making a Lot out of a Little – Laneway Housing a Niche Market Opportunity for Municipalities, Property Owners, Real Estate Developers and Investors

An overview of laneway suites / housing as means of adding to housing stock in Toronto and beyond.

Real Estate Litigation: Summer Highlights

Even in the summer months, the legal news does not let up. Here are some recent decisions and legislative developments as we head into the 2021 fall season.

Divisional Court confirms Environmental Significance of Ministerial Zoning Orders and Importance of Consultation under the Environmental Bill of Rights, 1993

Review of Divisional Court decision: Ontario’s compliance with Environmental Bill of Rights in passing Bill 197, particularly re: Ministerial Zoning Orders

Evidence of ESG in the Construction and Development Industry

An overview of ESG initiatives in Construction & Development; key information for those looking to implement their own ESG strategies

City of Toronto’s Current Municipal Comprehensive Review Process

An overview of the City of Toronto's current Municipal Comprehensive Review Process; Request for Employment Land Conversion under the City's Official Plan

Masters and Clergy – Is the Clergy “Principle” No More?

An overview of a recent Ontario Divisional Court decision which weighs in on the legal status of the Clergy Principle.

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

Striking a Balance Between Major Facility and Sensitive Land Use Developments: A Discussion of Ontario’s New Land Use Compatibility Guideline

The Ontario Ministry of the Environment, Conservation and Parks has published the Land Use Compatibility Guideline to establish land use compatibility policies

Impending Implementation of Ontario’s Inclusionary Zoning Regime in Toronto and the GTA

An overview of inclusionary zoning policies and their impending implementation in Toronto and the GTA.

Land Use Compatibility, Odour Guidelines and More: Ontario Ministry of Environment, Conservation and Parks Announces Four New Proposals for 2021

The Ontario government has announced that it is moving forward with proposals for four new initiatives relating to the protection of Ontario's environment.

ICMA Green Bond Principles Undergo Minor Facelift

Legal news bulletin discussing recent changes to ICMA Green Bond Principles.

Ontario’s New Excess Soil Regulations – Construction Contract Implications

Ontario’s new On-Site and Excess Soil Management Regulation, O. Reg 406/19 may impact existing and future construction contracts

Emerging Competition & Data Privacy Issues for Real Estate Organizations

Changes to Canada’s privacy laws, developments with low-commission brokerages and changes to short-term rental regulations will impact real estate associations.

The Quick and Dirty on Ontario’s New Excess Soil Regulations

A concise summary of Ontario's new excess soil regulation (O.Reg 406/19) and key takeaways for affected parties.

Expropriation of Contaminated Land and its Fair Market Valuation

Expropriation of Contaminated Land and its Fair Market Valuation

Federal Government Accepts Ontario’s Emissions Performance Standards (EPS) Program for Regulation of Greenhouse Gas Emissions – Transition Dates to Come

Ontario Minister of Environment, Parks and Conservation announced that its Emissions Performance Standards (EPS) program has been accepted by federal government

Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

New Rules for Alberta’s Local Elections

Discussion of government of Alberta's Bill 29: Local Authorities Election Amendment Act, which came into force September 1, 2020

COVID-19: July 22nd Update on the Impacts to Development Applications and Hearings

Status update (July 22, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

The LPAT and the New “Ontario Land Tribunals” Cluster

The New Ontario Land Tribunals Cluster and moving forward with hearings at the LPAT.

COVID-19: July 6th Update on the Impacts to Development Applications and Hearings

Status update (July 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing
applications, appeals, and municipal closures.

Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing

How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices

COVID-19: June 3rd Update on the Impacts to Development Applications and Hearings

Status update (June 3, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks

Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.

COVID-19: May 20th Update on the Impacts to Development Applications and Hearings

Status update (May 20, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

COVID-19: May 6th Update on the Impacts to Development Applications and Hearings

Status update (May 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

COVID-19: April 15th Update on the Impacts to Development Applications and Hearings

Status update (April 15, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Project Management Amid COVID-19 – The Triage

Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.

The Impact of COVID-19 on Agribusiness – Business and Legal Considerations

In addition to the adverse impact to public health and the public healthcare system, the COVID-19 pandemic is causing severe economic hardship to western Canada.

COVID-19: April 7th Update on the Impacts to Development Applications and Hearings

The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape

Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks

COVID-19: What is the Impact on Development Applications and Hearings?

Status update re: the land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions

Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions

Province Announces Major Changes to the Rules Governing Land Development

The Ontario Government announced on Thursday, May 2, 2019 that there will again be significant changes to the Planning Act and other development-related legislation through its “More Homes, More Choices: Ontario’s Housing Supply Action Plan.”

Alberta Court of Appeal Dismisses Property Tax Appeal: Municipalities are Not Secured Creditors for Taxes Assessed on Pipelines, Wells and Other Linear Property

The Alberta Court of Appeal has dismissed an appeal brought by three municipalities (the "Municipalities") seeking status as secured creditors entitled to special priority for payment of linear property taxes.

Ontario Premier to Set Precedent Invoking Notwithstanding Clause

Superior Court Justice Edward Belobaba made a finding of unconstitutionality and struck down the provisions of the provincial Better Local Government Act, 2018

Ford-ward Looking at the Impacts of the Better Local Government Act, 2018

Jul 30, 2018, the Premier of Ontario tabled draft legislation to bring changes into effect to significantly reduce the number of wards in the City of Toronto.

Ontario Premier Doug Ford Intends to Cut Toronto City Wards from 47 to 25 for 2018 Municipal Election

Jul 30, 2018, the Premier of Ontario tabled draft legislation to bring changes into effect to significantly reduce the number of wards in the City of Toronto.

New Regulations Add Detail to the Construction Lien Amendment Act

Construction Lien Act changes including the introduction of a prompt payment regime, adjudication, existing holdback, lien preservation and perfection periods, bonding, and trust provisions

Think twice before obtaining a labour and material payment bond – new liability for an old security

Filing away procured labour and material payment bonds without taking proactive steps to notify claimants of the bond's existence exposes owners to claims from unpaid subcontractors

Out with the old and in with the new: transitioning from Ontario’s old Construction Lien Act to the new Construction Act

An update to our December 2017 article, where some of the most significant substantive changes to the Construction Lien Act (the "CLA") are considered.

Ontario Government to Grow LCBO: Recreational Cannabis to be sold at Government Stores

Ontario Government to Grow LCBO: Recreational Cannabis to be sold at Government Stores

Province of Ontario Announces Major Reforms to the Land Use Planning Appeal Process

Province of Ontario Announces Major Reforms to the Land Use Planning Appeal Process

Federal Jurisdiction in Municipal Matters: What Happens When the Provinces or Municipalities Step on Federal Toes?

Federal Jurisdiction in Municipal Matters: What Happens When the Provinces or Municipalities Step on Federal Toes?

What to Expect from Toronto’s Local Appeal Body – Knowns and Unknowns

What to Expect from Toronto's Local Appeal Body – Knowns and Unknowns

Proposed Amendments Could Shake Up Vancouver’s Short-Term Rental Market

Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market

Updated – Bill 73: Smart Growth for Our Communities Act, 2015

Updated - Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015