Canada: Update On Toronto City-Wide Zoning By-Law 569-2013/Toronto Official Plan 5-Year Review - New Economic Health And Employment Lands 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. The City received appeals against Zoning By-law 569-2013 for approximately 325 properties.

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, is also considering which appeals may lead to a negotiated settlement and have reached out to appellants to discuss their appeals. Formal proceedings before the Ontario Municipal Board to scope and organize the eventual hearing on the appeals are not expected before early 2014.

On July 19, 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. This By-law is also under appeal.

More recently, on October 22, 2013 the Planning and Growth Management Committee considered a City staff report recommending amendments to City-wide Zoning By-law 569-2013 regarding group homes. The Committee endorsed staff's recommendation to hold a public meeting in November to consult on the proposal to revise the definition of "group home" by deleting the minimum number of three persons and to eliminate the 250 metre separation requirement between group homes and between larger residences containing more than 10 persons which are classified as residential care homes. After the public meeting, City staff will report back with a final report and draft by-law for the January 13, 2014 Planning and Growth Management Committee meeting.

For sites not exempt from the new Zoning By-law and while Zoning By-law 569-2013 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 Economic Health and Employment Lands 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 Official Plan Employment policies in January 2013 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".

The Planning and Growth Management Committee and City Council have considered a number of additional staff reports on both the proposed new Economic Health and Employment Lands policies and requests received by the City to convert Employment Lands to other uses, ie. residential uses. These reports are dated (April 23, 2013 (1), April 23, 2013 report (2), May 21, 2013, and August 20, 2013).

The City process is quickly coming to a conclusion and staff will be reporting to a Special Public Meeting of the Planning and Growth Management Committee on November 21, 2013 on the proposed Official Plan Amendment for new Economic Health and Employment Lands policies. Staff will also be reporting to this meeting on the final assessments of conversion requests filed before May 31, 2013 to convert Employment designated lands to other designations. City staff are considering the conversion requests against the conversion criteria in Section of the Provincial Growth Plan and the Provincial Policy Statement.

The City's Notice of the November 21, 2013 Special Public Meeting indicates that the proposed Official Plan Amendment containing the new policies and mapping will be available on October 31, 2013. The staff report on the new policies which will also provide the rationale for the final assessment of the majority of conversion requests will be posted on the City's website on November 15, 2013.

The proposed Official Plan Amendment will reflect, among other matters, the following:

  • Two Employment Designations - ie. General Employment and Core Employment (the current "Avenue" overlay on Employment Lands along major streets will be deleted);
  • The distinction between Employment Areas and Employment Districts will be eliminated;
  • Policies will be directed to achieving a net gain of non-residential space in residential redevelopment in the Downtown, Centres and within walking distance of rapid transit stations to office buildings; and
  • Policies will direct "major office" to the Downtown and four Centres, protection of existing commercial uses in the Centres and promoting additional commercial development, where appropriate, in close proximity to subway stations.

Key Dates Summary - Employment Policies-Further Reporting and Special Statutory Public Meeting

  • November 21, 2013 Planning and Growth Management Committee to hold a Special Statutory Public Meeting on staff's final recommendations for an Official Plan Amendment for new Economic Health and Employment Lands policies and designations. City staff will also report to this meeting on final assessments of the majority of conversion requests.

    This Special Public Meeting presents an opportunity for prospective appellants of the new Economic Health and Employment Lands policies to speak to the Planning and Growth Management Committee on any concerns that they may have;
  • December 16/17, 2013 potential City Council consideration/adoption of the final Official Plan Amendment and final recommendations on the majority of conversion requests; and
  • Subsequent to the City Council meeting, the Official Plan Amendment containing new Economic Health and Employment Lands policies will be forwarded to MMAH who will, after stakeholder circulation and comment, issue a Notice of Approval triggering the statutory 20 day appeal period. We expect that the appeal period will not likely be triggered until sometime in the spring.

Status of Other Proposed 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.

New Section 37 policies relating to Height and/or Density Incentives for 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. The City is also consulting stakeholders on their experiences of working with Section 37 policies in order to identify practical opportunities for improvement.

On the transportation front, 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. The next stakeholder consultation event is scheduled for November 4, 2013 and will focus on the outcomes of work undertaken to date, a new timeline and a discussion on how best to collaborate going forward.

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.

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 will 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.

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
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.