Ontario launches new MZO framework

The Ontario government has launched a new framework for Ministerial Zoning Orders. Zoning order requests are made or refused at the discretion of the Minister. The Minister may consider requests submitted by parties such as ministries, municipalities, organizations, businesses, or individuals.

What Is a Ministerial Zoning Order?

Zoning orders are similar to zoning by-laws and can:

• permit the use of land (I.E., housing, long term care, manufacturing)
• prohibit the use of land (I.E., to protect environmentally sensitive land)
• regulate the use, location, size, height of buildings and structures.

The Minister may also use enhanced authorities to remove municipal use of site plan control, require agreements between municipalities and landowners regarding site plan matters, and require/remove inclusionary zoning requirements.

Requests for Zoning Orders

The minister will consider requests for zoning orders that meet at least one of the following intake thresholds:

• requests that deliver on a provincial priority that is supported by a minister (for example, long-term care, hospitals, transit-oriented communities, educational facilities, housing priorities, economic development, manufacturing,?etc.)
• requests that are supported by a single-tier or lower-tier municipality (for example, through a municipal council resolution or a letter from a mayor where the municipality has been designated with strong mayor powers)

There are several requirements for request submissions, such as:

• a description of the project and how it would support governmental objectives
• a map and description of the subject lands
• a copy of a draft zoning order
• a description of consultation with the public and engagement with Indigenous communities
• rationale on why the project requires ministerial zoning relief rather than following municipal planning processes

Assessing the submission

The Ministry of Municipal Affairs and Housing will assess requests for zoning orders that meet at least one of the intake thresholds.

The ministry may ask for additional information or material to be provided to help make the decision. This may include:

• certain studies or reports, such as a planning justification report, an archaeological assessment, environmental impact statement or servicing study
• additional information regarding the engagement completed with the public and Indigenous communities about the proposed project

The minister will provide public notice of requests for zoning orders that have met the zoning order framework requirements through a minimum 30-day posting on Ontario’s Environmental Registry, except where the request for zoning relief is deemed time sensitive.

Minister’s Decision

The Minister has discretion to accept or refuse a request. The?Planning Act?does not provide for a right to appeal the Minister’s decision to make a zoning order to the Ontario Land Tribunal.