There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.
This consultation was open from:
July 11, 2025
to August 12, 2025
Decision summary
On December 9, 2025, the Minister of Municipal Affairs and Housing made a Minister's Zoning Order in the City of Hamilton as Zoning Order 001-2025.
Decision details
A Zoning Order, made pursuant to clause 47(1)(a) of the Planning Act, regulates the use of the land and the erection, location and use of any building or structure on the land. The Minister’s Zoning Order (MZO) was requested by CityHousing Hamilton and supported by the Mayor of Hamilton.
Zoning Order 001-2025 applies to approximately 2.18 hectares of land located at 405 James Street North in the City of Hamilton. The subject lands are located west of James Street North, north of Strachan Street West, east of MacNab Street North, and south of Ferrie Street West. The existing row townhomes on site were recently demolished.
Zoning Order 001-2025 facilitates a residential development with up to 642 residential units, including townhouses and affordable and market apartments. Specifically, the MZO permits the uses permitted in the Transit Oriented Corridor Multiple Dwelling (TOC 3) Zone in the City of Hamilton’s Zoning By-law 05-200, as well as multiple dwelling townhouses and additional commercial and institutional uses within multiple dwellings.
The MZO also establishes zoning requirements including minimum vehicular and bicycle parking requirements, minimum setbacks, maximum building heights, and minimum amenity area requirements.
Pursuant to subsection 47(4.0.1) of the Planning Act, Zoning Order 001-2025 exempts policy statements, provincial plans and official plans from applying to downstream planning approvals for the subject lands.
The soil on site is contaminated and will need to be remediated. A record of site condition will need to be obtained prior to development proceeding.
This Zoning Order made pursuant to clause 47(1)(a) of the Planning Act was posted for consultation as a regulation. Bill 60, Fighting Delays, Building Faster Act, 2025 received Royal Assent on November 27, 2025, and therefore this Order is not a regulation and will not be filed with the Registrar of Regulations. The Order came into effect upon signing by the Minister of Municipal Affairs and Housing.
Effects of consultation
All comments received were taken into consideration prior to a decision being made.
The proposal received supportive comments from the public, several non-profit organizations, and a home builders’ association. The majority of comments were supportive and noted the need to address the worsening housing and homelessness crisis in Hamilton and voiced concerns about the current state of the subject lands. There was support for increasing the supply of housing in close proximity to amenities and transit. Some comments minimized the land use compatibility concerns raised by the nearby rail operator, stating that the subject lands and the surrounding area have historically been used for residential purposes.
Some members of the public were not supportive of the MZO request. Unsupportive comments noted concerns regarding the impacts of increased intensification in the area, while others expressed that the entire project should be affordable housing. Some comments voiced concerns around train engine pollution and noise.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
12th floor
777 Bay Street
Toronto,
ON
M7A 2J3
Canada
Connect with us
Contact
mmahzoningorders@ontario.ca
12th floor
777 Bay Street
Toronto,
ON
M7A 2J3
Canada
Original proposal
Why consultation isn't required
Part II of the Environmental Bill of Rights Act, 1993 does not apply to proposals to make a Minister’s Zoning Order (MZO) under subsection 47(1) of the Planning Act, or to amend or revoke an MZO under subsection 47(8) of the Planning Act.
Although not required, the ministry is providing public notice of this request for consultation.
Proposal details
An MZO, made pursuant to clause 47(1)(a) of the Planning Act, regulates the use of land and the erection, location and use of any building or structure on the land, and prevails over the existing municipal zoning by-law to the extent there is any conflict.
The Minister is considering a request from the Mayor of Hamilton to make an MZO for the lands at 405 James Street North in the City of Hamilton. The site is approximately 2.18 hectares in size and is situated to the west of James Street North, north of Strachan Street West, east of MacNab Street North, and south of Ferrie Street West. See link to location map below.
The site is currently occupied by partially demolished row townhomes. The subject lands are currently designated in the Hamilton-Wentworth Official Plan as Urban Area and zoned DE/S-65 (Low Density Multiple Dwellings District) in City of Hamilton Zoning By-law No. 6593.
The requested MZO seeks to permit a residential development, including 132 for-profit stacked townhome units, two high-rise apartment buildings with 46-210 affordable units (depending on funding obtained), and a high-rise apartment building with 300 for-profit units. The development would be undertaken in phases, with the stacked townhomes being built first.
Specifically, the requested MZO seeks to permit the following uses:
- uses permitted in the TOC 3 (Transit Oriented Corridor Multiple Dwelling) Zone in the City of Hamilton Zoning By-law No.. 05-200
- stacked townhouses
- additional commercial and institutional uses
As well, the requested MZO would establish zoning requirements including minimum vehicular and bicycle parking requirements, minimum setbacks, maximum building heights, and minimum amenity area requirements.
The soil on site is contaminated and would need to be remediated following demolition of the existing buildings. A record of site condition will need to be obtained prior to development proceeding.
This MZO was requested to address timing concerns resulting from an Ontario Land Tribunal (OLT) appeal.
To help ensure decisions are made in a transparent manner and support government priorities, the Ministry is seeking feedback on whether this request should be considered and any additional information that may help inform a decision. In particular, any potential environmental risks, financial impacts on the municipality or implications for other approved developments and how these can be mitigated.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
12th floor
777 Bay Street
Toronto,
ON
M7A 2J3
Canada
Comment
Commenting is now closed.
This consultation was open from July 11, 2025
to August 12, 2025
Connect with us
Contact
mmahzoningorders@ontario.ca
12th floor
777 Bay Street
Toronto,
ON
M7A 2J3
Canada
Comments received
Through the registry
697By email
7By mail
0