Ford government bulldozes green building standards with new legislation

The Ford government passed controversial legislation on Tuesday, stripping Ontario cities of the ability to set their own green building standards.

Bill 17, the Protect Ontario by Building Faster and Smarter Act, was introduced last month by the provincial government in response to housing pressures and economic uncertainty. The legislation is intended to “streamline development processes” and “reduce costs” by establishing consistent construction standards across all municipalities, the government said. 

But critics say passage of the bill was rushed without proper consultation, denying municipalities, large and small, the ability to confront climate threats. Currently, at least 14 municipalities in Ontario, including Toronto and Hamilton, have adopted policies requiring new buildings to meet higher environmental performance benchmarks. Those will be invalidated by the new legislation. 

“There is no doubt in my mind that Bill 17 will make flooding and other extreme weather impacts worse in many communities across Ontario,” said How-Sen Chong, climate campaigner at the Toronto Environmental Alliance.

The changes mean municipalities are not allowed to pass bylaws for the construction or demolition of buildings — a move widely seen by experts and advocates as targeting municipal green building standards. 

The legislation also requires municipal councils to get written approval from the provincial minister of municipal affairs and housing before making certain changes to their official plans, further restricting cities’ control over planning and development.

“Unfortunately, late last week, Doug Ford’s government pushed the bill directly to the legislature without going through the committee process first,” Chong said. “The problem with that is committees are where you hear from experts, organizations, and individuals who are impacted — or could be impacted — by a bill.”

The bill now includes new regulations that limit what municipalities can request from developers during the planning process. Under the new legislation, cities are no longer allowed to require information on key design and environmental factors like shadow impact, wind conditions, urban design alignment or exterior lighting. 

Both Toronto and Hamilton are reviewing the implications of Bill 17. In Toronto, a city spokesperson said staff have been asked to prepare a report on the bill’s potential impacts for the executive committee meeting later this month and are continuing to assess the proposed changes.

Bryan Purcell, vice president of policy and programs at The Atmospheric Fund, said Bill 17 would severely undermine cities’ ability to regulate development, leading to higher emissions and less climate-resilient buildings.

“Municipalities have a legislated responsibility to protect public health and environmental wellbeing,” Purcell said. "Restricting their ability to exercise those duties will not protect Ontario or build housing faster. It will only reduce the quality of new housing and communities and expose Ontarian residents to greater environmental risks.” 

Abdul Matin Sarfraz / Canada’s National Observer / Local Journalism Initiative