1. Any increase in the height and density of a development or redevelopment permitted in return for facilities, services or matters under section 37 of the Act is deemed not to include:

   1. the height and density associated with the affordable housing units required in an inclusionary zoning by-law,

   2. any increase in height and density permitted in an inclusionary zoning by-law as an incentive described in clause 35.2 (2) (e) of the Act.

2. For greater certainty, the council shall not use its authority under section 37 of the Act with respect to a development or redevelopment giving rise to a by-law requirement for affordable housing units in an area in which a community planning permit system is established.

Note: On the day section 9 of Schedule 12 to the More Homes, More Choice Act, 2019 comes into force, section 6 of the Regulation is revoked. (See:O. Reg. 300/19, s. 1)

Reports of municipal council

7. (1) For the purposes of subsection 35.2 (9) of the Act, if a council of a municipality passes an inclusionary zoning by-law, the council shall ensure that a report is prepared and made publicly available at least every two years.

(2) The council shall ensure that each report describes the status of the affordable housing units required in the by-law, including the following information for each year that is the subject of the report:

1. The number of affordable housing units.

2. The types of affordable housing units.

3. The location of the affordable housing units.

4. The range of household incomes for which the affordable housing units were provided.

5. The number of affordable housing units that were converted to units at market value.

6. The proceeds that were received by the municipality from the sale of affordable housing units.

Exemptions from inclusionary zoning by-law 

8. (1) Exemptions from inclusionary zoning by-law 8. (1) An inclusionary zoning by-law does not apply to a development or redevelopment where,

1. the development or redevelopment contains fewer than 10 residential units;

2. the development or redevelopment is proposed by a non-profit housing provider or is proposed by a partnership in which,

   1. a non-profit housing provider has an interest that is greater than 51 per cent, and

   2. a minimum of 51 per cent of the units are intended as affordable housing, excluding any offsite units that would be located in the development or redevelopment;

• (c) on or before the day an official plan authorizing inclusionary zoning was adopted by the council of the municipality, a request for an amendment to an official plan, if required, and an application to amend a zoning by-law were made in respect of the development or redevelopment along with an application for either of the following:

  1. approval of a plan of subdivision under section 51 of the Act, or

  2. approval of a description or an amendment to a description under section 9 of the Condominium Act, 1998; or

• (d) on or before the day the inclusionary zoning by-law is passed, an application is made in respect of the development or redevelopment for a building permit, a development permit, a community planning permit, or approval of a site plan under subsection 41 (4) of the Act.

(2) Despite clause (1) (b), an inclusionary zoning by-law applies to any offsite units that would be permitted in a development or redevelopment.

• 9. OMITTED (PROVIDES FOR AMENDMENTS TO THIS REGULATION).
• 10. OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS REGULATION).