Following our previous article ‘Bill 98: Changes to Planning Policies and Municipal Authority’, Bill 98 received Royal Assent on June 2^nd, 2026, just before the Ontario government announced that it would not be sitting until October 27^th, 2026.

During the 100+ day shut down of the legislature over the summer, we anticipate that a number of regulations will be drafted and approved to effect the new changes introduced.

A summary of the major changes are:

The County of Simcoe no longer has planning authority in the Town of Bradford West Gwillimbury, the Town of Innisfil and the Town of New Tecumseth. These municipalities will adopt and implement the County’s Official Plan by default, but will be free to make amendments and customise it to their own needs in the future;

A province-wide template for Official Plans will be established;

The scope of site plan control will be narrowed by removing municipal authority over lot sizes, certain environmental protection measures, conservation-related construction standards, and sustainable design features; and

Additions to the encumbered parkland dedication framework first introduced through Bill 23.

Although Bill 98 has received Royal Assent, several key details regarding its implementation have yet to be finalized through Regulation.

Key takeaways

For municipalities:

1. Standardising Official Plans across the Province may place a significant burden on municipalities, which will need to revisit plans that were built over many years through consultation, amendments, and legal processes. For example, some land use designations in Bill 98 may only be relevant to rural and agriculturally significant municipalities, such as designations of ‘Rural Lands’ and ‘Prime Agricultural Areas’. Uncertainty remains on whether application of a standardised set of designations will require substantive or superficial changes to the operative policies in Official Plans.
2. Municipalities may need to rely on alternative planning tools to implement environmental policies outside of the site plan control framework. More changes on eliminating site plan control are likely forthcoming from Environmental Registry of Ontario postings and municipalities have to keep updated on future announcements.
3. Municipalities have 90 days to make a decision on whether to accept developer-identified parkland and Privately Owned Public Spaces to meet parkland dedication requirements. A refusal or failure to do so would allow a developer to appeal to the Ontario Land Tribunal. However, this is not yet in force – it will be on a date to be named by the Lieutenant Governor in Council. Municipalities should watch out for an announcement that this new legislative amendment will be taking effect.

For developers:

1. Be prepared to navigate yet another period of uncertainty as municipalities work to implement the Province’s move on standardisation of Official Plans. There will likely be widespread updates and restructuring of existing municipal planning documents, which may create a period of transition and uncertainty. Timing on process of development application approvals may be affected, as well as increased possibility of factoring costs of commencing legal challenges to secure approvals.
2. Municipalities may be more stringent in rezoning applications as a means for them to implement their environmental policies, as they are no longer allowed to use site plan control as a way to require developers to include environmentally friendly designs like designated EV chargers in their site plans.
3. There is a tight 90-day timeframe for municipalities to accept an area that developers identify as parkland, failing which an appeal can be made before the Ontario Land Tribunal (not in effect until an unknown date in the future). This may accelerate the process of getting development approvals, but there is also risk of another added expense in having to file an appeal.

Barriston is experienced with advising on municipal planning policies, providing guidance on processing of development applications, including providing representation at all level of tribunals and Courts. Please reach out to our team for a consultation if you require advice or representation. Articles are not to be considered legal advice and should not be relied upon as such.