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Ontario expands MZO power bypassing local planning rules

A quiet shift is underway in Ontario’s legislative landscape, a change poised to alter the familiar rhythm of local urban development. At the heart of this alteration lies the Minister’s Zoning Order, a provincial instrument whose application is now set for significant expansion, carrying potential implications for communities across the province, including places such as Barrie.

Historically, the authority to issue Minister’s Zoning Orders, commonly known as MZOs, has resided primarily with the Minister of Municipal Affairs and Housing. These orders possess a potent capacity: they allow specific development projects to circumvent substantial portions of the conventional planning processes typically governed by local municipal councils and their established regulations. This bypass means developments granted an MZO are not required to adhere to local stipulations concerning building height, parking provisions, or other specific zoning requirements usually enforced by towns and cities.

Recent developments indicate the Ontario government is preparing to extend this power. Under proposed legislation titled the *Protecting Ontario by Building Faster and Smarter Act*, the Minister of Infrastructure is slated to gain the ability to issue MZOs. This expansion specifically targets transit-oriented communities (TOCs), which are planned housing developments strategically located directly above or adjacent to major transit lines. The stated objective behind this move is to accelerate the creation of these communities, streamlining the approval process and reducing the time needed for projects to commence.

Kinga Surma, the Minister heading the infrastructure ministry, is the individual set to receive these new powers. The government is currently involved in developing several transit-oriented communities, particularly in the areas surrounding Toronto. A key element of these projects is that developers assume responsibility for the costs associated with constructing new transit station infrastructure, a factor the province likely views as beneficial. Granting the infrastructure minister the MZO tool would allow these comprehensive planned areas, not merely individual buildings, to advance through fewer administrative stages and potentially break ground more quickly.

While the government frames this as a method to boost housing starts, a critical policy goal, the expansion of MZO authority arrives amidst increasing public and municipal frustration regarding the province’s approach to bypassing traditional consultation and approval mechanisms for large-scale projects. Critics argue that such measures, including proposals for special economic zones where numerous laws and assessments could be waived, diminish community input and concentrate power at the provincial level. MZOs, while not as sweeping as some other proposed powers, undeniably reduce the level of community consultation typically involved in the planning process.

The Ford government has notably relied heavily on MZOs in the past, issuing a significant number for various projects, including the controversial Ontario Place redevelopment in Toronto, where a MZO was used to bypass the city’s planning rules. This history has drawn criticism, with opponents characterizing the extensive use of MZOs as provincial interference in local matters and potentially favouring developers. Following scrutiny related to other land development decisions, the focus on MZOs as a mechanism for bypassing established processes has intensified.

The forthcoming legislation aims to introduce changes to the MZO framework itself. Under the new rules, the minister issuing the order will have the capacity to impose specific conditions that developers must meet before the MZO takes legal effect and allows them to bypass standard planning procedures. This represents an apparent attempt to introduce a degree of oversight or linkage between the order and tangible progress on the ground, although the extent and nature of these conditions remain crucial details.

The expansion of Minister’s Zoning Order powers to the infrastructure portfolio signals a clear intent by the provincial government to centralize control over development approvals deemed critical to its agenda, particularly transit-related housing. While potentially speeding up projects, this approach fundamentally alters the established planning process and the traditional role of local municipal governance. The implications for how development unfolds in communities across Ontario, including growth centres like Barrie with their own transit and housing needs, warrant careful observation as this expanded provincial authority takes root.

References:
Ontario set to expand powers for new developments to bypass planning process

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