Overview

The More Homes for Everyone Act, 2022 made changes to the Planning Act to create a minister’s order authority known as the “community infrastructure and housing accelerator” tool. This authority gives the Minister of Municipal Affairs and Housing the power to make orders to respond to municipal requests for expedited zoning outside of the Greenbelt Area.

Guideline for the community infrastructure and housing accelerator

Subsection 34.1 (25) of the Planning Act requires the minister to establish guidelines respecting how community infrastructure and housing accelerator orders may be made. This guideline is intended to fulfill this requirement.

Where the tool may be used

Subsection 34.1 (11) of the Planning Act provides that a community infrastructure and housing accelerator order cannot be made in the Greenbelt Area (as defined in Ontario Regulation 59/05 “Designation of Greenbelt Area”) which includes specified lands within:

  • the Oak Ridges Moraine Area
  • the Niagara Escarpment Plan Area
  • the Protected Countryside plan areas
  • the Glenorchy Addition plan area
  • the 2017 Urban River Valley Area Additions plan area
  • any additional lands that may be added to the Greenbelt Area in the future

Only local municipalities (lower and single-tier) may request a community infrastructure and housing accelerator order relating to publicly or privately-owned lands within their geographic boundaries.

Community infrastructure and housing accelerator orders

The minister will consider making a community infrastructure and housing accelerator order on the request of the council of a lower or single tier municipality.

A community infrastructure and housing accelerator order can be used to regulate the use of land and the location, use, height, size and spacing of buildings and structures to permit certain types of development.

The requesting municipality is responsible for providing public notice, undertaking consultation and ensuring the order, once made, is made available to the public.

In issuing an order, the minister is able to:

  • provide an exemption for other necessary planning-related approvals from provincial plans, the Provincial Policy Statement and municipal official plans, but only if this is specifically requested by the municipality
  • impose conditions on the municipality and/or the proponent

Learn more about the steps for local municipalities to request a minister’s order for expedited zoning using the community infrastructure and housing accelerator tool.

Types of development

The minister may make a community infrastructure and housing accelerator order to expedite priority developments, including:

  • community infrastructure that is subject to Planning Act approval including lands, buildings, and structures that support the quality of life for people and communities by providing public services for matters such as
    • health
    • long-term care
    • education
    • recreation
    • socio-cultural activities
    • security and safety
  • any type of housing, including community housing, affordable housing and market-based housing
  • development associated with transportation infrastructure
  • buildings that would facilitate employment and economic development
  • mixed-use developments

For greater clarity, a community infrastructure and housing accelerator order will address zoning matters and will not address environmental assessment matters related to infrastructure.

Subsequent approvals

When making a community infrastructure and housing accelerator order, subsection 34.1 (15) of the Planning Act allows the minister, upon request of a local municipality, to provide that specific subsequent approvals are not subject to provincial plans, the Provincial Policy Statement and municipal official plans. Subsequent approvals are licences, permits, approvals, permissions or other matters that are required before a use permitted by a community infrastructure and housing accelerator order could be established, such as plans of subdivision and site plan control.

The minister will only consider an exemption from provincial and local land use policy requirements if the subsequent approval is needed to facilitate the proposed project, and the municipality provides a plan that would, in the opinion of the minister, adequately mitigate any potential impacts that could arise from the exemption. This includes, but is not limited to, matters dealing with:

  • community engagement
  • Indigenous engagement
  • environmental protection/mitigation

It must be noted that even if an order provides that provincial and local land use policies do not apply to subsequent approvals (for example, plan of subdivision or site plan approval), these approvals must still be obtained, and a permit or approval required under other legislation may still be needed.

Conditions

The minister may impose conditions on the approval of a community infrastructure and housing accelerator order. Conditions could be imposed to ensure that certain studies, assessments, consultations and other necessary due diligence associated with any proposed development that would be subject to the community infrastructure and housing accelerator order would be adequately addressed before construction or site alteration can begin.

The lifting of a minister’s condition is at the sole discretion of the minister.

Existing Aboriginal or treaty rights

This guideline shall be implemented in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982.

Important steps for municipalities when requesting a minister’s order for expedited zoning

Before requesting an order

Give notice and consult the public

Before requesting an order, the municipality is responsible for providing public notice and undertaking consultation in a manner that the municipality considers appropriate.

Municipalities are expected to engage with Indigenous communities and consider their interests prior to making a request for an order.

Pass a council resolution

The resolution must identify the lands to which the requested order would apply and specify the requested relief from the zoning by-law.

The resolution must specify if, in addition to the zoning relief, the municipality will be seeking an exemption for other planning-related approvals (for example, plan of subdivision, site plan) from being consistent with the Provincial Policy Statement or having to conform with provincial plans and/or municipal official plans.

How to request an order

Within 15 days of passing the resolution, the municipality must provide the minister with:

  • a copy of the resolution
  • a description of the consultation undertaken including engagement with Indigenous communities
  • a map showing the location of the lands to which the order would apply
  • a description of any licences, permits, approvals, permissions or other matters that would be required before a use that would be permitted by the order could be established
  • a copy of a draft zoning by-law amendment to facilitate provincial consideration of the request
  • any prescribed information and material

The municipality should also provide the minister with a certificate or attestation that the draft zoning by-law (if approved) would provide the necessary zoning relief to facilitate the proposed development. This document should be signed by a municipal official whose responsibilities include land use planning or a lawyer.

A certificate or attestation provides confirmation from the officials who are most familiar with the municipality’s zoning by-law that the requested zoning relief includes all of the necessary provisions to allow the proposed development. Providing this confirmation will accelerate review by the ministry and support timely decision-making on the request.

After the request is submitted

Ministry review

The Ministry of Municipal Affairs and Housing will review the municipal council’s request.

The minister may ask for additional information or material to be provided to help make the decision. This may include:

  • certain studies or reports, such as a planning justification report, an archaeological assessment, environmental impact statement and servicing study
  • additional information about the engagement completed with Indigenous communities about the proposed project

Issuing an order

The minister has the sole authority to issue an order and is also able to:

  • provide an exemption for other necessary planning-related approvals from provincial plans, the Provincial Policy Statement and municipal official plans, but only if this is specifically requested by the municipality
  • impose conditions on, for example, the municipality and/or landowner

The minister’s decision to issue or not issue an order cannot be appealed.

Public notice of order

Once an order is made, the requesting municipality is required to make the order available to the public.

Within 15 days of receiving a copy of the order, the clerk of the municipality must:

  • provide a copy of the order to the owner of any land subject to the order and any other prescribed persons or public bodies
  • make the order available to the public in accordance with the regulations, if any

The clerk must ensure that the order remains available to the public until it is revoked, and if the municipality has a website, the clerk must also ensure the order is published on the website.

Best practices to support your request

  • Lower-tier municipalities are encouraged to work together with relevant neighbouring or upper-tier municipalities to identify potential shared interests, such as water and wastewater servicing and other shared infrastructure considerations.
  • Municipalities are also encouraged to engage with conservation authorities where applicable to gather as much relevant information as possible and to identify any future permitting requirements.
  • If a reference map is required to implement a community infrastructure and housing accelerator order, municipalities are encouraged to provide the source files (for example, GIS or Shapefile) as part of their municipality’s request to support the ministry’s review.