Exception Relating to the Creation of Additional Dwelling Units
 2. (1) For the purposes of clause 2 (3) (b) of the Act, the following Table sets out the name and description of the classes of existing residential buildings that are prescribed, the maximum number of additional dwelling units that are prescribed for buildings in those classes and the restrictions for each class. Table Item   Name of Class of Existing Residential Building   Description of Class of Existing Residential Buildings   Maximum Number of Additional Dwelling Units   Restrictions 

  1.   Existing single detached dwellings   Existing residential buildings, each of which contains a single dwelling unit, that are not attached to other buildings.   Two   The total gross floor area of the additional dwelling unit or units must be less than or equal to the gross floor area of the dwelling unit already in the building. 

  2.   Existing semi-detached dwellings or row dwellings   Existing residential buildings, each of which contains a single dwelling unit, that have one or two vertical walls, but no other parts, attached to other buildings.   One   The gross floor area of the additional dwelling unit must be less than or equal to the gross floor area of the dwelling unit already in the building. 

  3.   Existing rental residential buildings   Existing residential rental buildings, each of which contains four or more dwelling units.   Greater of one and 1% of the existing units in the building   None 

  4.   Other existing residential buildings   An existing residential building not in another class of residential building described in this table.   One   The gross floor area of the additional dwelling unit must be less than or equal to the gross floor area of the smallest dwelling unit already in the building. O. Reg. 454/19, s. 1. (2) For the purposes of clause 2 (3) (b) of the Act, (a) structures ancillary to the classes of residential buildings prescribed under subsection (1) are prescribed; and (b) the maximum number of additional dwelling units and any restrictions prescribed under subsection (1) apply whether an additional dwelling unit is in the residential building or a structure ancillary to it. O. Reg. 454/19, s. 1. (3) For the purposes of subsection 2 (3.1) of the Act, the following Table sets out the name and description of the classes of proposed new residential buildings that are prescribed and the restrictions for each class. Table Item   Name of Class of Proposed New Residential Buildings   Description of Class of Proposed New Residential Buildings   Restrictions 

  1.   Proposed new detached dwellings   Proposed new residential buildings that would not be attached to other buildings and that are permitted to contain a second dwelling unit, that being either of the two dwelling units, if the units have the same gross floor area, or the smaller of the dwelling units.   The proposed new detached dwelling must only contain two dwelling units.    The proposed new detached dwelling must be located on a parcel of land on which no other detached dwelling, semi-detached dwelling or row dwelling would be located. 

  2.   Proposed new semi-detached dwellings or row dwellings   Proposed new residential buildings that would have one or two vertical walls, but no other parts, attached to other buildings and that are permitted to contain a second dwelling unit, that being either of the two dwelling units, if the units have the same gross floor area, or the smaller of the dwelling units.   The proposed new semi-detached dwelling or row dwelling must only contain two dwelling units.    The proposed new semi-detached dwelling or row dwelling must be located on a parcel of land on which no other detached dwelling, semi-detached dwelling or row dwelling would be located. 

  3.   Proposed new residential buildings that would be ancillary to a proposed new detached dwelling, semi-detached dwelling or row dwelling    Proposed new residential buildings that would be ancillary to a proposed new detached dwelling, semi-detached dwelling or row dwelling and that are permitted to contain a single dwelling unit.   The proposed new detached dwelling, semi-detached dwelling or row dwelling, to which the proposed new residential building would be ancillary, must only contain one dwelling unit.    The gross floor area of the dwelling unit in the proposed new residential building must be equal to or less than the gross floor area of the detached dwelling, semi-detached dwelling or row dwelling to which the proposed new residential building is ancillary. O. Reg. 454/19, s. 1. (4) In subsection (3), “parcel of land” means a lot or block within a registered plan of subdivision or draft plan of subdivision or any land that may be legally conveyed under the exemption provided in clause 50 (3) (b) or clause 50 (5) (a) of the Planning Act. O. Reg. 454/19, s. 1.