On December 13, 2023, the Ontario Ministry of Municipal Affairs and Housing (the “Ministry”) announced that it would be taking a critical eye to a number of existing ministerial zoning orders (“MZOs”) made pursuant to the Planning Act, and proposing revocations and amendments in support of a new “use it or lose it” approach to such orders. It will also be consulting with stakeholders on a new “go-forward framework” in respect of MZO requests and approvals.
This is not the first time in recent years that the province has amended the MZO framework. Such amendments to date have generally resulted in expansion of the Minister’s powers to issue an MZO, including under Bill 139 (the Building Better Communities and Conserving Watersheds Act, 2017),[1] which limited the role of the Ontario Land Tribunal in adjudicating requests for referrals to amend or revoke an MZO, and under Bill 197 (the COVID-19 Economic Recovery Act, 2020),[2] which introduced “enhanced MZOs”.
According to the Ministry, its review of existing MZOs and the approvals process is intended “to increase transparency and support government priorities,” and is a “response to municipal and community feedback” through which it intends to “support improved municipal planning and resourcing while holding builders to account”.[3] Of note, this move follows confirmation by the Office of the Auditor General of Ontario that, on August 30, 2023, it had commenced an audit of the province’s MZO selection and approval process. It is understood that, as of the date of this publication, the audit remains underway.
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