Canada: Update On Toronto City-Wide Zoning By-law 569-2013 / Toronto Official Plan 5-Year Review - New Employment Policies

Toronto's New City-wide Zoning By-law

Toronto City Council passed new City-wide Zoning By-law 569-2013 on May 9, 2013.

By the end of the appeal period on June 4, 2013, the City had received appeals against Zoning By-law 569-2013 for approximately 325 properties. The overwhelming majority of the appeals were site-specific, others being more general in nature. The City's first attempt at a consolidated Zoning By-law, By-law 1156-2010, received 694 appeals and the lesser number of appeals this time around in part reflects the City's incorporation of more detailed transition provisions.

The Ontario Municipal Board is currently working with the City to organize the appeals and to find a venue for the proceedings. City staff, as part of the organization of the appeals into categories, are also considering which appeals may lead to a negotiated settlement. Formal proceedings before the Ontario Municipal Board to scope and organize the eventual hearing on the appeals are not expected before the latter part of this year.

On July 18, 2013, City Council passed By-law 1054-2013 to amend Zoning By-law 569-2013 to make minor corrections to various site-specific exceptions and to exempt additional properties from Zoning By-law 569-2013 for which complete applications for building permits and various approvals had been filed prior to May 9, 2013.

A further staff report recommending both technical amendments to Zoning By-law 1156-2013 and potential settlement issues is expected to be considered by the Planning and Growth Management Committee in the fall.

The Planning and Growth Management Committee is also expected to consider amendments to Zoning By-law 569-2013 pertaining to group homes and rooming houses at its October 22, 2013 meeting.

For sites not omitted from the new Zoning By-law or developments not otherwise exempted when the new Zoning By-law was passed and while it is under appeal to the Ontario Municipal Board, the Chief Building Official is likely to treat the new zoning, as passed by City Council as "applicable law" when considering the issuance of building permits where new zoning is more restrictive than the existing zoning.

Further reporting on new Employment policies and Conversion Requests and consultation under the Toronto Official Plan 5-Year Review

As directed by City Council, City staff initiated consultation on the proposed new Employment policies in January based on the directions of the October 23, 2012 staff report entitled: "Planning for a Strong and Diverse Economy: Official Plan / Municipal Comprehensive Reviews - Draft Policies and Designations for Employment" on proposed changes to Official Plan policies and designations.

After a period of stakeholder consultation, staff reported to the Planning and Growth Management Committee in May in their April 23, 2013 report on the results of the public consultations and on suggested refinements to the draft policies and designations. At its June 11-13, 2013 meeting, City Council directed staff to report on a number of additional matters including:

  • Consolidation of the General Employment and Retail Employment designations so that there will be two and not three Employment designations;
  • Investigation of policy approaches to address the impact of non-residential sensitive uses in Employment Areas;
  • Refining the policy of net gain of non-residential space in residential redevelopments in the Downtown, Centres and within walking distance of rapid transit stations to office buildings; and
  • Reviewing and considering the Provincial Growth Plan policy directing "major office" to the Downtown and four Centres, and specifically address how this policy would be implemented in the Centres, in order to protect existing commercial uses and to regulate additional commercial development, where appropriate, in close proximity to subway stations.

The August 20, 2013 staff report to be considered by the Planning and Growth Management Committee on September 12, 2013 addresses the matters referred to above. Notable refinements to the proposed policies include restrictions on sensitive land uses in Employment Areas, flexible policies respecting relocation of existing office space when lands are redeveloped in certain locations and the promotion of transit-related office development. City Council is expected to consider the Committee's recommendations at its October 8, 2013 meeting.

A special statutory public meeting will be held by the Committee on November 21, 2013, to consider the final staff recommendations on the new Employment policies and the proposed Official Plan amendment to implement those recommendations.

To date, staff have prepared preliminary assessments on the majority of the more than 120 requests to convert Employment lands to non-employment uses or to add additional non-employment uses. The first "wave" of conversion requests were considered by City Council in November of 2012. Two further "waves" were considered by City Council in June and July of this year. The requests were considered by City staff against the conversion criteria in Section of the Provincial Growth Plan and the Provincial Policy Statement. Additional conversion requests are expected to be reported on to the November 21, 2013 Planning and Growth Management Committee meeting.

Key dates summary - Employment policies - Further reporting and statutory public meeting

  • September 12, 2013 Planning and Growth Management Committee meeting to consider refinements to the proposed Employment policies as outlined in the August 20, 2013 staff report;
  • September 19, 2013 City-wide Statutory Open House at Metro Hall;
  • October 8, 2013 City Council to consider the Planning and Growth Management Committee's recommendations from their September 12, 2013 meeting;
  • November 21, 2013 Planning and Growth Management Committee is expected to hold a special statutory public meeting on staff's final recommendations for new Employment policies and designations. City staff will also report to this meeting on final assessments of the conversion requests;
  • December 16/17, 2013 potential City Council consideration/adoption of the final Employment policies and final recommendations on the conversion requests; and
  • Once approved by City Council, the final Employment policies will be forwarded to the Ministry of Municipal Affairs and Housing ("MMAH") who will issue a Notice of Approval which will trigger the statutory 20-day appeal period.

Status of other proposed Official Plan policies

City staff is developing other new Official Plan policies. On April 4, 2013, Toronto City Council endorsed new Public Realm and Heritage policies which were subsequently forwarded to the MMAH, the final approval authority. The Ministry circulated the proposed policies to various agencies and stakeholders for comment. While the Ministry has not yet issued a Notice of Approval triggering the 20-day statutory appeal period, it is their intention to do so prior to November 15, 2013, which is 180 days from their receipt of the policies.

New Section 37 policies related to Affordable Housing were endorsed by City Council at its meeting of July 16-19, 2013 and forwarded to the MMAH for approval. These policies are now under agency and stakeholder circulation by the MMAH. Once the Ministry issues a Notice of Decision, there will be a statutory 20-day appeal period.

On the transportation front, broad consultation on proposed new transportation policies for the Official Plan continues under the city's banner of  Feeling Congested? To date, stakeholder consultation has concentrated on decision making criteria, potential funding tools, priority projects and refinements for other Official Plan transportation policies.

Do not miss the opportunity to protect your appeal rights

Any changes to Official Plan policies and land use designations including permitted uses, may impact development permissions and the value of lands. The proposed transition provisions may not adequately protect your property rights.

Some key points that you may want to take into consideration, whether or not you are seeking to develop or redevelop land, are as follows:

  • City staff has not undertaken a comprehensive review of how the new Official Plan policies impact each parcel of land in Toronto. The onus is on the landowners to stay informed and get involved; and
  • Any landowner who fails to express concerns or issues with the proposed new Official Plan policies prior to their passage by City Council will not be able to maintain an appeal and risks not being added as a party to an appeal at the Ontario Municipal Board.  

How Stikeman Elliott can help

Stikeman Elliott's Municipal & Land Use Planning team would be pleased to speak with you about the new Zoning By-law and Official Plan policies and discuss strategies on how you can protect your land development investments and opportunities.

Our team can assist you with:

  • Opportunities to participate in the City's development of the new Official Plan policies;
  • Examining the potential implications of changes to zoning and Official Plan policies and designations on your property; and
  • Safeguarding appeal rights and advocating your property interests at meetings with City staff and politicians, public meetings, municipal Council and at the Ontario Municipal Board.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.