Proposed changes to Minister’s zoning orders and the Planning Act

ERO number
019-3233
Notice type
Act
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
March 4, 2021 - April 3, 2021 (30 days) Closed
Last updated

This consultation was open from:
March 4, 2021
to April 3, 2021

Decision summary

The government has made changes to the Planning Act so that zoning orders are not subject to the legislative requirement to be consistent with the Provincial Policy Statement.

Decision details

Bill 257, the Supporting Broadband and Infrastructure Expansion Act, 2021 was introduced on March 4, 2021 and received Royal Assent on April 12, 2021. Schedule 3 to the Bill amended the Planning Act so that a Minister’s zoning order does not have to be consistent with the Provincial Policy Statement. This amendment does not apply to lands located within the Greenbelt Area. In addition, the changes provide that any existing Minister’s zoning orders, never had to be consistent with the Provincial Policy Statement.

The amendments made by Schedule 3 to the Supporting Broadband and Infrastructure Expansion Act, 2021 permit the Minister of Municipal Affairs and Housing to take other considerations into account when making decisions on zoning orders to support strong communities, a clean and healthy environment and the economic vitality of the Province.

The Minister’s zoning order authority is a critical tool that can be used to support and expedite the delivery of government priorities, including transit-oriented communities, affordable housing, long-term care homes and strategic economic recovery projects by removing potential barriers and delays. These changes ensure that the Minister, acting at their discretion, has the authority to provide their complete support for these critical projects.

Comments received

Through the registry

270

By email

302

By mail

0
View comments submitted through the registry

Effects of consultation

The government received approximately 10,458 comments related to the consultation through various sources. This included approximately 270 unique comments submitted directly through the ERO notice, 302 unique comments submitted by email and 9,899 submissions that were generated by letter writing campaigns / email blasts.

Submissions were made by members of the public, municipalities, Indigenous communities, and a range of interested stakeholders, including community groups, development and professional sectors, and environment and resource-based sectors.

Summary of Comments

Submissions that were not supportive of the proposed legislative changes requested that Schedule 3 of Bill 257 be removed. More specifically, these submissions raised concerns about the potential impact of the proposed change on the protection of the natural environment and prime agricultural areas and that the proposed changes applied retroactively.

Comments that were supportive referenced the ability of MZOs to facilitate priority projects such as affordable housing and streamline development.

Overall, submissions raised the process of making Minister’s zoning orders and how public interest and public consultation would be addressed should Bill 257 be passed.

Effects of t he Consultation on this Decision

Consideration was given to all comments received. The change to the Planning Act regarding zoning orders continues to be critical in supporting the delivery of key government priorities such as transit-oriented communities, affordable housing and long-term care homes. This amendment does not apply to lands located within the Greenbelt Area.

While no changes were proposed as a result of the consultation, the Minister will consider the feedback from this consultation and have regard to provincial interests including the protection of ecological systems when exercising the authority to make Minister’s Zoning Orders.

The Ministry will also consider opportunities in the future for developing tools and supports for implementing Minister’s Zoning Orders.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Connect with us

Contact

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-3233
Notice type
Act
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

March 4, 2021 - April 3, 2021 (30 days)

Proposal details

The Planning Act gives the Minister of Municipal Affairs and Housing the authority to zone and thereby control the use of any land in the province. Zoning orders can be used to protect a provincial interest (e.g., to protect an environmentally sensitive feature by prohibiting uses) or to help overcome potential barriers or delays to critical projects (e.g., to speed up planning approvals for long-term care homes and affordable housing projects).

Under the Planning Act, a decision of a Minister in respect of the exercise of any authority that affects planning matter (e.g., a Minister’s zoning order) shall be consistent with policy statements issued under the Planning Act (e.g., the Provincial Policy Statement) that are in effect on the date of the decision.

Through Schedule 3 of Bill 257 (the proposed Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021) it is proposed to amend the Planning Act, so that a Minister’s zoning order would not have to be consistent with the Provincial Policy Statement. This proposed amendment would not apply to lands located within the Greenbelt Area. In addition, the changes would provide that any existing Minister’s zoning orders, never had to be consistent with the Provincial Policy Statement.

The proposed changes would permit the Minister of Municipal Affairs and Housing to take other considerations into account when making decisions to support strong communities, a clean and healthy environment and the economic vitality of the Province.

The Minister’s zoning authority is a critical tool that can be used to support and expedite the delivery of government priorities, including transit-oriented communities, affordable housing, long-term care homes and strategic economic recovery projects by removing potential barriers and delays. These changes would ensure that the Minister, acting at their discretion, has the authority to provide their complete support for these critical projects.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Comment

Commenting is now closed.

This consultation was open from March 4, 2021
to April 3, 2021

Connect with us

Contact