Ontario’s Bill 98 (Building Homes and Improving Transportation Infrastructure Act, 2026) contains several provisions that would significantly limit what municipalities can do to combat climate change and the impacts of climate change. It is extremely concerning. Here are some of the changes that will affect Ottawa if this legislation passes:
Local green building standards.
Bill 98 clarifies that the provincial building code supersedes all municipal construction by-laws including environmental ones and repeals the provision that had explicitly authorized cities to set their own green building standards.
EV charging in new buildings.
Bill 98 explicitly prohibits municipalities from requiring EV charging infrastructure through zoning or development approvals — a tool Ottawa currently has and needs as EV adoption grows.
Climate planning for municipalities.
The Planning Act currently requires every official plan to include policies on greenhouse gas mitigation and climate adaptation. Bill 98 repeals that requirement entirely.
Renewable energy and battery storage siting in Ottawa.
Ottawa’s Official Plan designates specific land use categories where renewable energy facilities and Battery Energy Storage Systems (BESS) can be located. Bill 98 mandates a new provincial list of land use designations — and none of Ottawa’s current categories where renewables and BESS are permitted appear on this list. Ottawa will need to have a fully revised Official Plan in place by January 1, 2028.
Have Your Say Before April 29
Public comments on Bill 98 are open through the Environmental Registry of Ontario until noon on April 29, 2026. Submit your comments here.
CAFES will be working on a submission. We plan to post a draft for input by our members in the Climate channel of the CAFES Member Slack Platform — very soon. You can add your comments and join the conversation there.
We are very grateful for a detailed analysis using a legal lens which was provided to us by volunteer Ken Love HERE.
Angela