Proposed Planning Act Changes (Schedule 7 of Bill 119, the Proposed Protecting Ontario’s Streets and Communities Act, 2026)

The government is seeking public feedback on proposed legislative changes to the Planning Act under the Protecting Ontario’s Streets and Communities Act, 2026 that would enable municipalities to use an administrative monetary penalty (AMP) system for zoning by-law contraventions that relate to land uses that are not permitted.

We welcome your thoughts on the following changes proposed in Bill 119, the proposed Protecting Ontario’s Streets and Communities Act, 2026.

Proposed Planning Act changes

Schedule 7 of Bill 119 proposes amendments to the Planning Act to provide local municipalities with a new tool to enforce certain zoning by-law contraventions. If passed, proposed changes would enable local municipalities to implement an AMP system for zoning by-law contraventions that relate to land uses that are not permitted. This is similar to the system many municipalities currently use for enforcement of certain by-laws under the Municipal Act, 2001 such as those for parking, fences, clean yards and noise and for property standards violations under the Building Code Act, 1992.

Currently, the Planning Act provides for maximum financial penalties for individuals and corporations on conviction of an offence for contravention of a zoning by-law. The actual amount of the fine imposed in any instance is determined by Provincial Offences Court following a conviction (on a finding that the offence has been committed). The Act does not currently permit local municipalities to levy AMPs for zoning by-law contraventions. Municipalities have expressed concerns that the current enforcement system for zoning by-law contraventions is challenging, time consuming and costly to implement.

The proposed changes would allow local municipalities to implement an AMP system to set an administrative penalty amount for zoning by-law contraventions regarding land uses that are not permitted. The penalty could not be punitive in nature and could not exceed an amount reasonably required to promote compliance with the by-law.  A person could not be charged with an offence if they had already paid an administrative penalty for the same by‑law contravention.

Unpaid fines and administrative penalties would generally be able to be added to the tax roll for any property owned by the same persons responsible for paying the AMP and could be collected in the same manner as municipal taxes. The proposed changes to enable municipalities to use an AMP system, if passed could not be used for other types of zoning by-law contraventions (e.g., prohibited uses of buildings or performance standards such as minimum or maximum heights and densities).

Impact on the Environment

The proposed legislative changes, which would enable municipalities to implement an AMP system for certain types of zoning by-law contraventions, are anticipated to have a neutral to positive impact on the environment. If passed, municipalities would be able to more quickly enforce zoning by-law contraventions regarding land uses that are not permitted, some of which may have direct environmental impacts (e.g. drainage issues, noise, odour). As a result of changes to enable AMPs, there may be indirect but positive impacts on the environment, if, for example, as a result of staff realignments municipalities have more time to address other types of by-law contraventions that could impact the environment.     

Analysis of Regulatory Impact

The initiatives are anticipated to streamline the processes to address zoning by-law contraventions that relate to land uses that are not permitted. 

Costs 

The proposed legislative changes would result in additional costs related to municipal staff learning about the changes. For local municipalities that currently use an AMP system and choose to use it for zoning by-law contraventions, there would be incremental cost increases associated with expanding their AMP system to also enforce zoning by-law contraventions regarding land uses that are not permitted (e.g., software updates, equipment, amendments to by-laws, website updates). There would be additional costs for local municipalities that do not currently use an AMP system for by-law enforcement and that choose to set up an AMP system to enforce zoning by-law contraventions.

There are no direct compliance cost implications to other parties, including consumers, businesses, and the government, arising from these proposed legislative changes.

Benefits 

The changes would benefit Ontarians broadly, as they are intended to make the process to enforce certain types of zoning by-law contraventions easier and faster. This could result in time and cost savings for local municipalities and cost savings to government as a result of a reduction in the volume of cases involving zoning by-law contraventions that are prosecuted through the court system. Local municipalities that currently utilize an AMP system and choose to enforce zoning by-law contraventions using the same system may benefit from utilizing the system for a broader range of by-law contraventions.