On August 15, 2025, the Province of Ontario (the "Province") approved, with amendments, 110 of the 132 Major Transit Station Areas ("MTSAs") and Protected Major Transit Station Areas ("PMTSAs") originally adopted by Toronto City Council ("City Council") in 2022.1 City Council had adopted 132 MTSAs and PMTSAs via Official Plan Amendments ("OPAs" 537, 524, 540, 544, 570 and 575), all of which had been pending approval by the Province's Minister of Municipal Affairs and Housing (the "Minister"). The OPAs as approved by the Minister are in full force and effect as amended as of August 15, 2025.
Approval of the OPAs by the Province was a prerequisite for the City of Toronto's (the "City") inclusionary zoning ("IZ") policies to come into full force and effect. The City had also adopted OPA 557 and Zoning By-law 941-2021 (the "IZ Framework") in 2021, which applies the IZ Framework within the delineated PMTSAs that are also located in an Inclusionary Zoning Market Area identified by the City.
The Minister made several amendments to both the mapping and policies of certain of the OPAs and deferred outright consideration of 12 MTSAs and PMTSAs.2
The amendments:
- emphasize the importance of growth and density in MTSAs and PMTSAs;
- direct the City to initiate zoning by-law amendments to permit higher floor space indexes ("FSI") in MTSAs and PMTSAs in designated Apartment Neighbourhoods, Mixed Use Areas and Regeneration Areas;
- amend the City's Official Plan to contemplate building heights in MTSAs and PMTSAs designated Apartment Neighbourhoods, Mixed Use Areas and Regeneration Areas on sites that can accommodate three towers;
- amend the City's Official Plan to allow for multiplexes and apartment buildings up to four or six storeys in height within MTSAs and PMTSAs in designated Neighbourhoods; and
- establish new Special Policy Areas near certain rivers, streams and other natural features, which will require additional development approvals from the Province.
Refresher: PMTSAs and Inclusionary Zoning
An MTSA is defined in the Provincial Planning Statement 2024 ("PPS 2024") as an area around an existing or planned higher order transit station or stop within a settlement area, or the area around a major bus depot in an urban core. MTSAs are generally within 500 to 800 metres of a transit station.
PMTSAs are a subset of MTSAs, with boundaries delineated by the municipality. Section 16(5) of the Planning Act provides that IZ may apply within approved PMTSAs. IZ permits municipalities to require a certain portion of new development to be made affordable to households with low and moderate incomes.
On May 12, 2025, the Province issued O. Reg. 54/25, which revised the IZ regulation under the Planning Act (O. Reg. 232/18) to establish "caps" of 5% and 25 years on the IZ requirement. The 5% cap can relate to 5% of the total residential units that are part of the development or redevelopment, or 5% of the total floor area of all residential units in the development or redevelopment. As of the date of this article, the City has not advised when updates to its IZ Framework will be brought forward to implement the direction of the Province set out in O. Reg. 232/18 as amended by O. Reg. 54/25.3
Key Amendments to OPAs
| Adopted by Council | Amended by Province | |
|---|---|---|
| OPA 524 |
Introduced Chapter 8 (MTSAs and PMTSAs) to the Toronto Official Plan and introduced new implementation policies relating to density targets and minimum development densities. Added 16 PMTSAs in the Downtown. |
Deleted Chapter 8 and Chapter 5 implementation policies (replaced by the Minister's modifications to OPA 540, discussed below). Approved 16 PMTSAs without modification. Removed Finch West Transit Station Area and Sentinel Transit Station Area from the Table of Contents. |
| OPA 537 |
Added one PMTSA (St. Clair-Old Weston). Introduced other unrelated amendments to the Official Plan. |
Approved one PMTSA without modification. Approved the remainder of the OPAs without modification. |
| OPA 540 | Added 23 PMTSAs along the Bloor-Danforth Corridor. |
Implemented Chapter 8 and Chapter 5 policies deleted from OPA 524. Added new Chapter 8 policies summarized below. Approved 23 PMTSAs without modification. |
| OPA 544 | Added four MTSAs and six PMTSAs. |
Approved three MTSAs and five PMTSAs without modification. Modified map for York Mills PMTSA. Deferred decision for Rouge Hill MTSA. |
| OPA 570 | Added 57 PMTSAs. |
Approved 41 PMTSAs without modification. Modified maps for eight PMTSAs: Birchmount, Golden Mile, Ionview, Islington, Keelesdale, Kennedy, Leslieville and Park Lawn. Deferred decision for eight PMTSAs: Guildwood GO, Long Branch, Scarborough GO, Exhibition, East Harbour, Gerrard Carlaw, Scarborough Centre and Yonge-Steeles. |
| OPA 575 | Added 25 MTSAs. |
Approved 21 MTSAs without modification. Modified map for Agincourt MTSA. Deferred decision for three MTSAs: McCowan, Science Centre and Milliken. |
Policy Emphasis on Growth and Density
New policies added to Chapter 8 of the City's Official Plan unequivocally state that growth and density will be prioritized in and directed to delineated MTSAs and PMTSAs, in addition to areas already designated for growth including Centres, Employment Areas and the Downtown.
In the event of a conflict with Secondary Plans or Site and Area Specific Policies, those policies which provide for greater density will prevail.
Additionally, new amendments direct the City to "regularly" review its MTSA and PMTSA policies and minimum density targets, which should occur as part of the City's regular Official Plan review and infrastructure review processes.
The overarching growth and density mandate has been tempered with policy language stipulating that matters of health, safety, accessibility, sustainable design, protection of the natural environment, watershed and water resource systems, and the protection of adjoining lands take priority over any other development criteria policies.
Greater Density in Apartment Neighbourhoods, Mixed Use Areas and Regeneration Areas
The Province did not increase the minimum densities within the PMTSA maps. However, the policy amendments in Chapter 8 require the City to initiate an amendment to its parent zoning by-law to permit higher FSI for lands within an MTSA or a PMTSA and designated Apartment Neighbourhoods, Mixed Use Areas and Regeneration Areas as below:
- eight FSI or more for lands within 200 metres of an existing or planned transit station; and
- six FSI or more for lands within 200 to 500 metres of an existing or planned transit station.
While this amendment will add increased base density permissions in these areas, it is important to note that this amendment does not affect the current as-of-right zoning and the change will not come into effect until the City initiates an amendment to its parent zoning by-law. Notably, the Province's amendments did not require a corresponding change to maximum heights.
The Province has not stipulated a timeline for the City to implement the increased density permissions, so it remains unclear when these amendments will come forward to implement the Province's direction.
Tower Heights in Apartment Neighbourhoods, Mixed Use Areas and Regeneration Areas
The Province also introduced policies to provide for building heights in MTSAs and PMTSAs within areas designated Apartment Neighbourhoods, Mixed Use Areas and Regeneration Areas on sites that "can accommodate three or more towers."
Specifically, the policies provide for zoning to permit:
- building heights of up to 30 storeys for lands within 200 metres of an existing or planned transit station;
- building heights of up to 20 storeys for lands within 200 to 500 metres of an existing or planned transit station; and
- further additional height without amendment to the Official Plan where a block context plan is provided demonstrating elements such as new public streets, new parks, publicly-accessible open spaces, mid-block connections, public art and a mix of building types and heights.
Additionally, no criteria is available to inform the direction that the policy apply to sites that "can accommodate three or more towers," which the authors envision being the subject of future litigation at the Ontario Land Tribunal.
The Province has not stipulated any time frame for the City to initiate amendments to its parent zoning by-law to implement the policy direction with respect to building heights within proximity to transit stations.
Taller Multiplexes and Apartment Buildings in Neighbourhoods
The Province has amended the City's Official Plan to allow greater heights for multiplexes and apartment buildings on lands designated Neighbourhoods in MTSAs or PMTSAs. The new policy in Chapter 8 contemplates heights of up to six storeys on lands within 200 metres of an existing or planned transit station, or with frontage on a major street shown on Map 3 of the Official Plan, or otherwise up to four storeys.
The effect of this amendment is to increase the permitted heights of multiplexes to four to six storeys and the permitted heights of apartment buildings to up to six storeys in Neighbourhoods in MTSAs and PMTSAs across the City. This amendment expands and increases the policies adopted by City Council last month,4 which permit up to six unit multiplexes as of right in the Toronto and East York District and Ward 23 only.
In order to give effect to these amendments, the City will need to make corresponding changes to its parent zoning by-law. The Province has not stipulated any time frame for the City to initiate amendments to its parent zoning by-law to implement the policy direction with respect to multiplex and apartment heights in Neighbourhoods.
New Special Policy Areas
The Province has amended the maps for one MTSA and nine PMTSAs adjacent to the Don Valley, Humber River corridor and other rivers, creeks or natural features in the City, which are identified as "Special Policy Areas."5 In these Special Policy Areas, the minimum density has been amended to zero FSI and the policies provide that any new changes to Official Plan policies, land use designations, boundaries and development permissions will require approval from not only the City but also the Minister of Natural Resources and the Minister of Municipal Affairs and Housing. This adds another layer of approval for landowners seeking development approvals within the Special Policy Areas.
No specific rationale for these mapping and policy changes were provided at the time of this article. Analysis by Aird & Berlis suggests these amendments relate to the Special Area Policies in the PPS 2024.
Implementation of Provincial Direction?
The implementation of many aspects of the Minister's decisions with respect to the City's MTSAs and PMTSAs awaits action on the part of City Council.
These include but are not limited to:
- amendments to the IZ Framework to apply the 5% cap and 25-year duration;
- updates to zoning permissions to permit higher FSI minimums and heights in Apartment Neighbourhoods, Regeneration Areas and Mixed Use Areas within proximity to transit stations; and
- updates to zoning permissions to permit greater heights for multiplexes and apartment buildings in Neighbourhoods.
The Municipal & Land Use Planning Group at Aird & Berlis LLP is well-acquainted with the ever-evolving legislative regime governing and affecting development in Ontario. If you have questions or require assistance, please contact the authors or a member of the group.
Footnotes
1. Seven additional transit stations came forward to City Council for consideration as MTSAs/PMTSAs but have not yet been approved by City Council: Mount Dennis, Glencairn, Chaplin, Avenue, Royal York, Lawrence (Scarborough Subway Extension) and Finch-Kennedy. Additionally, OPA 482 was adopted by City Council in 2020, identifying the Finch West PMTSA and Sentinel PMTSA, but is still under review by the Province.
2. Deferred MTSAs: Rouge Hill, McCowan, Science Centre and Milliken; Deferred PMTSAs: Guildwood GO, Long Branch, Scarborough GO, Exhibition, East Harbour, Gerrard Carlaw, Scarborough Centre and Yonge-Steeles.
3. Note: The City's current IZ Framework contemplates a range of 5 to 10% IZ units within an applicable development secured for 99 years and also provides for annual increases in the percentage contribution.
4. City of Toronto: PH22.3 - Expanding Housing Options in Neighbourhoods - Multiplex - Monitoring Program - Final Report.
5. These include the York Mills PMTSA, Birchmount PMTSA, Golden Mile PMTSA, Ionview PMTSA, Islington PMTSA, Keelesdale PMTSA, Kennedy PMTSA, Leslieville PMTSA, Park Lawn PMTSA and Agincourt MTSA.
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.
