Planning for Drones: Land Use Planning in Ontario

  • January 10, 2022
  • Katryna Vergis-Mayo, Dentons Canada LLP

Provincial and municipal jurisdiction over land use planning and zoning is trite. So too is the federal government’s jurisdiction over aeronautics. However, as is the case in many federally regulated industries, provincial and municipal planning policy can often overlap with or complement the federal aeronautics regulatory regime. Drones are particularly vulnerable to this overlap due to their relative proximity to the public realm, in contrast with other aeronautical products. It is therefore important for both drone industry stakeholders and public authorities to account for drones’ intimate interactions with public infrastructure and the built public realm, including through appropriate land use planning policy.

In Ontario, the Planning Act requires municipalities to review their Official Plans every five years (or 10 years, following the adoption of a new Official Plan). Several municipalities throughout the Greater Golden Horseshoe are currently undertaking this review, and the drone industry stakeholders may wish to be involved in this process to ensure that the municipal land use planning policies that will guide future development and redevelopment will encourage a built form and public realm that is sympathetic to potential future drone operations.