La ville de Toronto prévoit instaurer le zonage inclusif au premier semestre de 2021. Étant donné que les politiques et les règlements sur le zonage inclusif ne peuvent pas faire l'objet d'un appel de la part du public, il est crucial de comprendre les répercussions de ce changement sur les propositions d'aménagement existantes et futures.

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The City of Toronto is targeting the first half of 2021 to introduce Inclusionary Zoning. Because Inclusionary Zoning policies and regulations are not subject to appeal by the public, it is critical to understand how this change will impact existing and future development proposals.

This post provides a high-level summary of the City's proposed changes.

What Is Inclusionary Zoning?

Inclusionary Zoning is a regulatory tool that allows municipalities to require affordable housing units to be provided in new residential developments.

City of Toronto staff are presently conducting public consultations on their proposed Inclusionary Zoning framework. Draft versions of staff's proposed Official Plan Amendment and Inclusionary Zoning By-law have been released for public comment (the "Draft IZ Amendments"). 

It is significant to note that Inclusionary Zoning policies and regulations cannot be appealed to the Local Planning Appeal Tribunal (the "LPAT"), except by the Minister of Municipal Affairs and Housing (the "Minister").

Where Does Inclusionary Zoning Apply?

Based on the Draft IZ Amendments, the City is proposing that Inclusionary Zoning apply only to lands that satisfy two locational criteria:

  • the lands must be within a Protected Major Transit Station Area1; and
  • the lands must be within a Strong or Moderate Market Area.

Protected Major Transit Station Areas

The Growth Plan for the Greater Golden Horseshoe (2019) defines "Major Transit Station Areas" ("MTSAs") as:

"The area including and around any existing or planned higher order transit station or stop within a settlement area; or the area including and around a major bus depot in an urban core. Major transit station areas generally are defined as the area within an approximate 500 to 800 metre radius of a transit station, representing about a 10-minute walk."

Protected Major Transit Station Areas ("PMTSAs") are a subset of MTSAs that have special status under the Planning Act.

Once approved, PMTSA policies and regulations are not appealable to the LPAT by the public (except in very specific circumstances). Applications to amend PMTSA policies are also not permitted, except where Council has passed a resolution allowing such an application to proceed.

In order to designate a PMTSA, the City must introduce Official Plan policies that:

  • delineate the PMTSA boundaries;
  • identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area;
  • identify the authorized uses of land in the area and of buildings or structures on lands in the area; and
  • identify the minimum densities that are authorized with respect to buildings and structures on lands in the area.

The City is presently conducting a Municipal Comprehensive Review ("MCR") that will identify MTSAs and PMTSAs across the City. Although the MCR is to be completed by July 1, 2022, the City has adopted a phased implementation that will advance PMTSAs for the Minister's approval prior to the completion of the MCR.

Strong or Moderate Market Areas

Based on the Draft IZ Amendments, Inclusionary Zoning will apply only to PMTSAs that are within Strong or Moderate Market Areas.

According to City Planning staff, these are areas that have experienced the greatest amount of new housing supply, significant price escalation and growth in rental prices, and are generally areas with the highest number of renter households paying 50% or more of their income towards rent.

The City's Draft Official Plan Amendment contains the proposed mapping delineating Strong and Moderate Market Areas. 

The identification of these market areas will be reviewed at least every 5 years as part of the update to the City's Inclusionary Zoning Assessment Report.

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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.