Canada: Toronto's New Zoning By-law - Update

Back to the Drawing Board

Almost eight months after Toronto City Council enacted the New City of Toronto comprehensive zoning by-law, No. 1156-2010 (the "New By-law"), City Council has directed that a public meeting be held to consider whether to repeal the New By-law and send it back to Planning Staff for widespread overhaul.

At their April 12 - 13, 2011 meeting, City Council deferred consideration of a repeal of the New By-law to a special meeting of the Planning and Growth Management Committee (PGMC) which is scheduled for May 10, 2011. The notice regarding the special public meeting of the PGMC can be found on the City of Toronto website.

Notice of the public meeting has been given to each appellant of the New By-law. After the public meeting, it is anticipated that the PGMC will make a recommendation to Council for a decision on whether to repeal the New By-law. City Council's consideration of the PGMC's recommendation may occur as early as the May 17 - 18, 2011 Council meeting. 

Why Repeal the New By-law?

The recommendation to consider repealing the New By-law occurs in the midst of 694 unresolved appeals to the Ontario Municipal Board (OMB) regarding the New By-law. It is anticipated that revisions will attempt to address some of the issues raised by the 694 appeals with the hope that the future passage of a revised comprehensive zoning by-law will trigger significantly fewer appeals to the OMB.

Prior to the April 12-13, 2011 City Council Meeting, Planning and Building staff had been treating the New By-law as applicable law alongside the by-laws of the former municipalities when commenting on or issuing planning or building permit approvals, sometimes resulting in an increase of minor variances, delays of building permit issuance, overall uncertainty and increased costs for developers. Repeal will likely have the benefit of allowing building permits to be issued in a more timely fashion.

We anticipate that Council will set a date in 2012 for the revised New By-law to return to PGMC for consideration as part of a new public consultation process. 

New By-law Amendments

Council also enacted amendments to the New By-law at the April 12 - 13, 2011 Council meeting. Approved changes to the New By-law include correcting typographical errors and the exclusion of additional lands from the application of the New By-law.

All land owners and developers should review the amendments to the New By-law to determine if such amendments impact land interests or development applications. Appeals of the amending by-laws must be filed with the City Clerk no later than May 18, 2011. 

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