Ontario’s Latest Legislation Stifles IZ

Ontario’s most recent planning legislation, More Homes, More Choice Act, 2019, made many changes to Ontario’s Planning Act, including significant changes restricting the use of inclusionary zoning (IZ). This omnibus legislation (formerly Bill 108) was passed and became law on 6 June 2019. [Read more…]

A Cautionary Note about the Ontario IZ Regulations

The Ontario IZ regulations recently announced by the Minister of Housing are clearly a remarkable turnaround and positive development. They have been rightfully welcomed by the affordable housing advocates, but this advance has been made by leaving unresolved the crucial question of what compensation will be required from the municipalities. [Read more…]

Outstanding IZ Issues

The recently released regulations generally represent a positive step forward for IZ in Ontario. But these regulations, along with the legislation, leave unaddressed a number of critical issues that will need attention in order to ensure that fully effective IZ programs are adopted here.  The following is put forward as an initial check-list of those issues. [Read more…]

A Critique of Ontario’s Definition of Affordable Housing

The Ontario IZ legislation does not include a definition of affordable housing, but instead relies on the definition set out in the 2014 Provincial Policy Statement. The municipalities are able to construct their own definitions, but they must use standards at or below those in the PPS definition. (See End Note 1.)

This definition of affordable housing, however, is seriously flawed in many ways.  These flaws, which are examined in the following paper, need to be addressed before effective and operational programs can be implemented. [Read more…]

A Review of Ontario’s IZ Legislation

Ontario’s legislation authorizing municipalities in the Province to use inclusionary zoning, entitled the Promoting Affordable Housing Act, was passed on 6 December 2016 and received Royal Assent on 8 December 2016.  The inclusionary zoning provisions were enacted through amendments to the Planning Act.  Read the legislation.

Overall, the legislation is appropriate, progressive and well-founded. It enables the municipalities, without unnecessarily binding them, to implement IZ programs capable of providing affordable housing.  Nevertheless, for these programs to be fully effective, further attention will need to be given to three important issues. [Read more…]

Ontario Legislative Background

The following review looks at the earlier legislative status of inclusionary zoning in Ontario.  It was written before the passage of the current IZ legislation in December 2016.  It examines the provisions of section 37 of the Planning Act, the most relevant OMB decision and the two precursory private members bills.

[Read more…]