Open Cities to Fourplexes and Midrise

Full Title:
Bill 139, Homes You Can Afford in the Communities You Love Act, 2026

Summary#

This bill changes Ontario’s Planning Act to allow more homes in cities and towns and to limit some local zoning rules. It also requires the province to collect and publish yearly housing data. The aim appears to be to make it easier and faster to build a wider mix of homes.

  • Requires the Minister to collect and publish, each year, data on homes being built and completed, by unit size (bedrooms) and by price in $50,000 ranges, within 90 days after year-end.
  • Requires municipal official plans to allow:
    • up to four residential units in a detached, semi-detached, or row house,
    • multi-unit residential buildings up to four storeys in areas of settlement,
    • midrise housing (6–11 storeys) on major streets, including along transit corridors, in single-tier or lower-tier municipalities with at least 100,000 people where water and sewage capacity is sufficient.
  • Lets the Minister require municipalities, by regulation, to create servicing plans to ensure enough water and sewage capacity for midrise on all major streets within a set timeframe.
  • Blocks appeals of these required policies and related zoning by-laws (except appeals by the Minister).
  • Stops official plans and zoning by-laws from:
    • prohibiting four or fewer residential units on urban residential land in the forms noted above,
    • setting minimum lot sizes for those properties,
    • imposing floor-to-area ratios (FARs; a cap on total floor space) on 3–6 unit buildings,
    • banning buildings of four storeys or less,
    • setting minimum setbacks (distance from lot lines) for 4–6 unit buildings,
    • requiring any parking spaces for residential buildings with at least four units.
  • Requires local councils to pass zoning by-laws that give effect to these policies.
  • Starts on Royal Assent.

What it means for you#

  • Homeowners and small builders

    • You must be allowed to create up to four residential units in a detached house, semi, or rowhouse on urban residential land. An extra unit can also be in one ancillary structure on the lot.
    • Cities and towns cannot block this with minimum lot size rules.
    • For buildings with four or more units, local by-laws cannot require you to provide parking spaces.
    • Buildings of four storeys or less cannot be prohibited.
    • If you build 4–6 units, cities cannot impose minimum setbacks or FAR limits on your project.
  • Renters and homebuyers

    • You would likely see more options such as fourplexes, small apartments, and midrise buildings on major streets in larger municipalities.
    • The province will publish yearly data on how many homes are built, what sizes they are, and their price ranges.
  • Residents near major streets and transit (in municipalities with 100,000+ people)

    • Midrise buildings (6–11 storeys) must be allowed on major streets, including along transit corridors, where water and sewage capacity is sufficient.
    • There is no appeal right for these required policies and implementing by-laws, except by the Minister.
  • Developers and housing providers

    • No minimum parking can be required for buildings with four or more units.
    • No FAR limits for 3–6 unit buildings; no minimum setbacks for 4–6 unit buildings; buildings up to four storeys cannot be prohibited.
    • Midrise (6–11 storeys) must be permitted on major streets in larger municipalities where servicing capacity exists; the Minister can require servicing plans.
  • Municipalities

    • You must update official plans and pass zoning by-laws to implement these policies.
    • You cannot set the listed controls (minimum parking for 4+ units, FAR for 3–6 units, minimum setbacks for 4–6 units, or bans on 4-storey-and-under buildings).
    • You may be required by regulation to prepare a servicing plan to ensure water and sewage capacity for midrise on all major streets within a set timeframe.
    • Appeals of these specific policies and related by-laws are barred, except by the Minister.

Expenses#

No publicly available information.

Proponents' View#

  • The bill appears intended to increase housing supply by allowing more homes on existing lots and enabling midrise housing on major streets.
  • Standardizing permissions for small multi-unit buildings (e.g., fourplexes) and midrise could reduce delays and uncertainty and make approvals simpler.
  • Removing minimum parking requirements for 4+ unit buildings could lower building costs and make projects near transit more feasible.
  • Barring appeals for the required policies could speed implementation and reduce litigation.
  • Requiring or enabling servicing plans ties growth to water and sewage capacity.
  • Annual data on unit types and prices could improve transparency and help track progress on housing goals.

Opponents' View#

  • One concern is reduced local control: municipalities would be limited in setting height, setback, parking, and FAR rules for many residential projects.
  • The ban on appeals (except by the Minister) may raise questions about public input and accountability for these policy changes.
  • Removing minimum parking requirements for all buildings with four or more units may raise concerns about spillover parking; the bill does not address this directly.
  • Eliminating minimum setbacks for 4–6 unit buildings and requiring that up to four storeys be allowed could change streetscapes and raise privacy or shading concerns.
  • It is unclear how quickly municipalities must update plans and by-laws, which could create a transition period with uncertainty.
  • The bill defines “major street,” but which streets qualify in each municipality may still need interpretation.
  • The bill does not address funding for planning updates or infrastructure upgrades; it is unclear how related costs, if any, would be covered.