Request for a Minister’s Zoning Order to Preserve Open Space Uses in the City of Burlington

The Ministry of Municipal Affairs and Housing is consulting on a request for a Minister’s Zoning Order (MZO).  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 received a request from the City of Burlington (City) for an MZO to maintain the current recreational and open space uses and prohibit development on lands at 2155 Country Club Drive, in the City of Burlington, that are currently zoned (O1) Open Space in the City of Burlington Zoning By-law, 2020, as amended. 

The subject lands are approximately 41 hectares in the City of Burlington, bound by Upper Middle Road to the south, Appleby Line to the east, and Walker’s Line to the west. The subject lands are currently occupied by the Millcroft Golf Club course (golf course). In addition to the recreational use, the lands contain significant wildlife habitat, significant woodlands, fish habitat, wetlands, regulatory flood plains, and erosion hazards. See link to location map below.

The subject lands are located within the Settlement Area in the City’s Official Plan, 2020 and are designated “Natural Heritage System, Major Parks and Open Space” under Schedules B (Urban Structure) and B-1(Growth Framework) and ‘Major Parks and Open Space’ and ‘Natural Heritage System’ under Schedule C (Land Use – Urban Area). Schedule M (The Natural Heritage System) of the Official Plan designates portions of the lands as ‘Key Natural Features’. 

The requested Zoning Order would apply to the portion of the golf course lands located outside the areas previously approved for development by the Ontario Land Tribunal (Ontario Land Tribunal Decision, June 12, 2024). Specifically, the requested Zoning Order seeks to restrict permitted used on the subject lands, to those currently permitted in the (O1) Open Space zone in the City Zoning By-law, including: 

• Municipal parks, public and private open space
• Golf Course and associated uses such as Curling Club, Tennis Club, Arena, Gymnasium, Swimming Pool
• Cultural Heritage Resources
• Storm water management and erosion control facilities
• Cemetery, Crematory
• Outdoor Patio

This MZO is related to ERO proposal 026-0551 in respect of a separate MZO request from Millcroft Greens Corporation, the landowner of the subject lands. 

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. 

This proposal for an MZO is posted for consultation as a “regulation” notice type due to webform template formatting limitations. However, as a result of amendments to section 47 of the Planning Act by Bill 60, Fighting Delays, Building Faster Act, 2025, which received Royal Assent on November 27, 2025, the proposed MZO, if made, will not be a regulation and will not be filed with the Registrar of Regulations.