Province of Ontario –…

Province of Ontario – Ministry of Municipal Affairs and Housing

Re: Proposed Regulation – As-of-Right Variations from Setback Requirements

Thank you for the opportunity to review and comment on the Environmental Registry of Ontario (ERO) posting 025-0463 regarding a proposed regulation under the Planning Act to regulate as-of-right variations from setback requirements. Schedule 7 of Bill 17, which received royal assent on June 5th, 2025 amends the Planning Act to provide regulation-making authority to reduce planning applications for minor variances. The legislative amendments to the Planning Act that allow as-of-right reductions to minimum setbacks will be operative once the Minister of Municipal Affairs and Housing files an enabling regulation. It is understood that the regulation would permit variation to a zoning by-law to be as-of-right if a proposal is within a prescribed percentage of the required setback on specified lands, including parcels of urban residential lands outside of the Greenbelt area while excluding hazard lands and lands near shorelines and railways. The general intent of the regulation is to reduce the number of minor variance applications and hearings for setback variations and work with Ontario Regulation 299/19 Additional Residential Units to help create additional residential units by eliminating additional barriers related to setbacks.

The Simcoe County District School Board (SCDSB) is supportive and understands the critical need for additional residential housing forms, and is supportive of the intent to plan for comprehensive, complete communities in a way that is socially, environmentally, and fiscally responsible. As a legislated commenting agency as well as an active participant in the development process, the SCDSB has a unique perspective on the proposed changes. The intent of this letter is to outline and provide feedback on amendments of interest to the SCDSB. Comments are provided in the following table:

# SCDSB Comment
1. The SCDSB respectfully requests clarification of how the proposed regulation would be applied to urban residential lands and if the as-of-right variations would be restricted to a particular use(s) on such lands. The SCDSB respectfully requests that schools, as public service facilities, that are located on parcels of urban residential land qualify for the as-of-right variation provisions.
2. The SCDSB respectfully recommends that the province consider additional opportunities to allow as-of-right variations to performance standards like height, lot coverage, and landscaped open space. As urban school sites continue to trend smaller, the board is required to do more with smaller amounts of land. Additional flexibility in performance standards through additional as-of-right variations would enable the board to more efficiently use existing lands and infrastructure in a cost-effective manner.
3. SCDSB planning staff respectfully request clarification regarding the calculation of the permitted as-of-right variation when a zoning by-law provision states two potential requirements dependent on another criteria. For example, the Town of New Tecumseth Comprehensive Zoning By-law 2021-128 requires a maximum height in the Institutional Zone of 3 storeys or 15 metres, whichever is less (Section 3.2- Neighbourhood Supporting Zones).
4. The SCDSB respectfully requests that the province consider what would prevent a municipality from enacting stricter setbacks in order to maintain the effective setback currently permitted by the by-law and thus negating the intent of the permitted variation.

With the Province’s stated goal to construct 1.5 million new homes by 2031 comes the need to ensure Public Service Facilities are sufficient to meet the needs of the residents of these new homes. The Simcoe County District School Board is supportive of the government’s proposals to expedite the approvals process for facilities like schools, which will support the board in its efforts to accommodate growth and ensure that every student has access to quality education.

Should you require additional information, please do not hesitate to contact this office.

Sincerely,

Kristen Bartmann, MPLAN
Planner
Simcoe County District School Board