On October 27, 2026, the Ontario government introduced Bill 140, the Building Ontario Faster Act. It is an omnibus bill that touches many statutes, but one schedule is directly relevant to landowners with official plan matters in play: it would remove certain appeal rights under the Planning Act, and it would do so retroactively. This article explains what the bill says, based on the Legislative Assembly’s bill page and the government’s Environmental Registry posting, and what it may mean in practice.
Where the bill stands
According to the Legislative Assembly of Ontario, Bill 140 was introduced by the Hon. Andrea Khanjin, Minister of Red Tape Reduction, received first reading on October 27, 2026, and was ordered for second reading. It is not yet law. Bills can be amended as they move through second reading, committee and third reading, so the details below reflect the bill as introduced.
The Planning Act change (Schedule 19)
Schedule 19 amends section 17 of the Planning Act, which governs approval of official plans and official plan amendments. Under the current rules, if an approval authority does not make a decision on an official plan within 120 days, the applicant and certain others can appeal to the Ontario Land Tribunal (OLT) for non-decision (Ontario.ca). The Minister can also refer official plan matters to the OLT.
The bill would provide that there is no appeal under subsection 17(40) (the non-decision appeal) in respect of any part of a plan that the Minister has referred to the OLT under subsection 17(55) or 17(61), unless a notice of appeal was filed before the referral (Legislative Assembly of Ontario).
The government’s Environmental Registry notice (ERO 026-1048) describes the purpose this way: the proposal would remove the ability to appeal for non-decision in situations where the Minister has referred an official plan matter to the OLT. The notice states the government expects this to reduce the number of appeals.
The retroactive element
The most important detail for landowners is the transition rule. The bill’s text says the change applies even where an appeal was filed before the schedule comes into force (Legislative Assembly of Ontario), and the ERO notice states it would apply retroactively to matters that have already been referred (ERO 026-1048). Read together with the carve-out above, the practical effect is that a non-decision appeal filed after a ministerial referral would not proceed, while one filed before the referral would be preserved. Owners with an existing non-decision appeal should confirm the dates of their filing and of any referral with their legal advisors.
Who this may affect
- Owners and groups with privately initiated official plan amendments that are waiting on a decision where the Minister is, or may become, the approval authority.
- Parties to existing non-decision appeals on official plan matters that the Minister has referred to the OLT.
- Municipalities and other participants in those proceedings, whose hearing schedules could change.
For owners who are not in an official plan appeal, the direct effect of Schedule 19 is likely limited. It does not change zoning by-law or plan of subdivision appeals, which are separate sections of the Act.
Why timing matters
A non-decision appeal is one of the main tools an applicant has when an official plan matter stalls. Under the current rules it becomes available after 120 days without a decision (Ontario.ca). If Schedule 19 passes as introduced, owners whose matters have been referred by the Minister would lose that option for the referred parts of the plan. Their matter would instead proceed through the referral itself. For GTHA landowners planning around expected hearing dates, financing or option deadlines, that shift could change both strategy and timelines.
Other schedules worth knowing about
Bill 140 amends many statutes. Based on the bill page, other schedules include:
- A project-specific environmental assessment approach for a Highway 69 project (Schedule 4).
- Changes to the Environmental Bill of Rights (Schedule 8).
- Repeal of certain OLT appeal provisions for renewable energy approvals under the Environmental Protection Act, with retroactive effect to the date of first reading (Schedule 9).
- Moving responsibility for Metrolinx’s regional transportation plan to the Minister (Schedule 14).
- Changes to fines under the Ontario Heritage Act (Schedule 17).
Some of these, such as the heritage and transportation planning changes, could matter to particular sites. Read the specific schedules that apply to your situation.
How to comment
The Planning Act proposal is posted on the Environmental Registry as notice 026-1048. It was posted on October 27, 2026, and the comment period closes on November 26, 2026 at 11:59 p.m. Comments can be submitted through the registry page. Landowners, industry groups and municipalities sometimes comment on how a proposal would affect matters already underway.
Practical steps for landowners
- Map your files. List any official plan amendments, appeals or referrals affecting your land, with dates.
- Identify the approval authority. Know whether the Minister or a municipality is deciding your official plan matter.
- Check filing dates against referral dates. Under the bill as introduced, appeals filed before a referral are preserved.
- Track the bill. Watch the Legislative Assembly bill page for second reading, committee amendments and Royal Assent.
- Get advice. Retroactive changes can affect strategy and costs. A planning lawyer can assess your specific position.
The bottom line
Bill 140’s Planning Act change is narrow but significant. It would remove non-decision appeals on official plan matters once the Minister refers them to the OLT, unless the appeal was filed before the referral, and it would apply to matters already referred. The bill is at an early stage and could change. Owners with official plan files in motion should review their position now, while the comment period is open.
This article is general information only and is not legal, planning or financial advice. Consult a qualified professional about your specific circumstances.