Hamilton’s Chief Planner wants more details about the provincial government’s proposal to allow some minor variances “as-of-right.”
The proposal, to grant the Minister of Housing and Municipal Affairs regulatory powers to create “as-of-right” variances, is part of a larger package of reforms contained in Bill 17, Protect Ontario by Building Faster and Smarter Act, 2025, tabled in the Legislature today.
The Act will also prohibit municipalities from creating their own building code rules, confirming the Ontario Building Code as a province-wide standard, ending much of Hamilton’s planned Green Building Standards.
Steve Robichaud said allowing setback variances of up to ten percent as-of-right (the example included in the government’s technical briefing this morning) could create any problems because setbacks “regulate the habitable openings and the size of windows. If you start reducing those side yard setbacks, will you have building code implications?”
Minor Variance Timelines Not an Issue in Hamilton
He noted that it appears they are looking to address problems with some municipalities taking months to consider variances. The provincial government says some municipalities take 12 to 15 months to deal with variance applications.
This is not an issue in Hamilton.
“In our experience, almost one hundred percent of applications get to the Committee of Adjustment within thirty to forty-five days, and decisions are final in ninety days,” Robichaud said.
Robichaud suggested the Province can “delegate the chief planner or designate to have the authority to evaluate and approve” some minor variance requests.
Parts of The Green Building Standards Policy Package May Remain
The Ontario government’s technical package says the new rules will “[clarify] that municipalities do not have the authority to require their own unique standards beyond the Building Code.”
Hamilton staff will review which portions of the Green Building Standards relate to the Planning Act, but not the Building Code.
“We will continue with the work we were doing on the Green Building Standards until the legislation gets enacted and any implementing regulations get issued,” Robichaud said.
“Once we have a bit more certainty, then we will have to review those green building standards to say which areas has the province removed our ability to regulate bythese changes and which areas can we continue to bring forward and then we will come back to committee with our recommendation based on once we do that complete that legislative review.”
The other changes imposed by Bill 17 will have little to no impact in Hamilton. For example, Hamilton already permits public schools ‘as an unrestricted use.’
City staff will provide a communications update to Council and the public after reviewing the legislation.
Homebuilders Statement
In a statement posted today, the West End Home Builders’ Association stated its support for Bill 17, especially the standardization of building standards and the deferral of development charge payments until occupancy.
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Published: May 12, 2025
Last updated: May 12, 2025
Author: Joey Coleman
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