How planning is different in Northern Ontario

In Northern Ontario, some aspects of land use planning differ from those in the rest of the province. Some of the reasons include:

  • the municipal structure in Northern Ontario is not the same as in Southern Ontario
  • far distances between communities sometimes make public participation in planning issues difficult
  • much of Northern Ontario is Crown land (public land that is managed by government) 

As a result, land use planning in some northern municipalities and in areas that have no municipal organization may be shared by three authorities:

  1. planning boards, which coordinate over-all future growth and land use planning activities. They can prepare official plans and can also pass zoning bylaws in areas without municipal organization within their jurisdiction
  2. the Minister of Municipal Affairs and Housing, who defines areas of planning boards and may also initiate zoning controls in some areas without municipal organization
  3. the Ministry of Natural Resources and Forestry, which manages Crown land on behalf of the public

The role of a planning board

A planning board is authorized to prepare an official plan for its planning area. In Northern Ontario, planning areas are generally made up of various combinations of municipalities and areas without municipal organization but may also include an area consisting of all municipalities or all areas without municipal organization.

Members of planning boards representing municipalities are appointed by the local municipal councils, and members from the areas without municipal organization by the Minister of Municipal Affairs and Housing. The minister decides the number of members to be appointed. In addition to preparing official plans and zoning bylaws, planning boards also provide advice and assistance to municipal councils and the minister in matters of local land use planning.

Planning boards assume a planning role similar to a local council. They develop policies on land use planning that reflect the interests of the entire planning area and coordinate over-all future growth. They also have the power to pass zoning bylaws for areas without municipal organization within the planning area.

Where the authority is delegated, planning boards also carry out planning functions on behalf of the minister, with the exception of the approval of official plans and official plan amendments. The delegated functions may include the power to approve subdivisions, grant consents and administer zoning orders. A delegated planning board may charge a fee for processing applications.

The role of the Minister of Municipal Affairs and Housing

In Northern Ontario, the minister has authority to:

  • define and establish planning areas and planning boards
  • protect provincial interests through the input, review and approval of planning applications and decisions
  • act in place of municipal councils in areas without municipal organization, unless planning boards have been established
  • approve official plans and amendments, or exempt official plans and amendments from approval
  • enact minister’s zoning orders, mainly in the areas without municipal organization
  • where planning boards exist, deem minister’s zoning orders in the areas without municipal organization to be the zoning bylaws of the planning boards
  • approve development applications (plans of subdivision and consent applications) except in those areas where approval is given to other approval authorities, such as planning boards

The role of the Ministry of Natural Resources and Forestry

The Ministry of Natural Resources and Forestry is responsible for the planning and management of Crown land in Ontario. Its activities are related to the use of Crown land, water, forest, fish, wildlife and mineral aggregates as well as outdoor recreation.

Before Crown land is developed, the Ministry of Natural Resources and Forestry consults with affected municipal councils and planning boards and takes into consideration existing official plans and policies. Ministry of Natural Resources and Forestry staff also refer to their ministry’s land use and resource management plans to help guide development activities on Crown land. These documents are not "official plans" but contain important information for the protection and use of Ontario’s natural resources.

Preparing official plans and official plan amendments

Although the process is very similar throughout Ontario, there are a few special provisions that apply only to official plans and amendments in the north. These provisions establish the requirements for when a planning board prepares and recommends an official plan for adoption by member municipalities. In a planning area made up entirely of areas without municipal organization, the official plan will be prepared and adopted by the planning board. As in Southern Ontario, once a decision is made, the proposal must be approved by the Minister of Municipal Affairs and Housing, unless the plan is exempt from approval.

In a planning area made up of one or more municipalities and which includes areas without municipal organization, the official plan will be prepared and adopted by the planning board for the part of the planning area without municipal organization. The planning board then recommends the official plan to the member municipalities for adoption. Once the plan is adopted by the majority of member municipalities, it is forwarded to the Minister of Municipal Affairs and Housing for approval.

For more detailed information about how the process works in your area, contact your municipality or planning board. (See section 2, Official plans)

How zoning is different in Northern Ontario

Where local municipalities exist, zoning is handled in the same way as in the rest of Ontario. (See section 3, Zoning bylaws)

In areas without municipal organization, zoning may be carried out by a planning board or the Minister of Municipal Affairs and Housing. In these areas, a planning board has the same powers as a municipality to pass and administer zoning bylaws. Where the Minister of Municipal Affairs and Housing is involved, the minister may enact minister’s zoning orders.

If the area covered by a minister’s zoning order is within a planning board’s area, the minister may deem it to be a zoning bylaw of the planning board. In this case the planning board will assume all the powers of a municipal council over the zoning orders.

When a zoning order is imposed, the usual requirements for notice, public information and a public meeting do not apply. But within 30 days of issuing an order, the minister gives public notice and makes a copy of the order available at the appropriate land registry office.

Zoning orders take precedence over any existing local zoning bylaws, and may define:

  • areas where development can take place
  • specific controls to protect against indiscriminate development
  • standards for land development, such as lot size, building setback, and parking requirements within each zone

Utility and hydro hook-ups cannot be approved unless a proposal complies with the minister’s zoning order. Utilities distributors and agencies will normally expect to receive a letter confirming compliance from the agency responsible for administering the minister’s zoning order before approving any utility or hydro hook-up or permit for a septic system. Fines can also be imposed for contravention of a zoning order.

Changing a minister’s zoning order

Amending all or part of a zoning order involves submitting an application to the minister.

The minister can decide to either approve or refuse the proposal. The minister also has discretion whether to refer matters to the Ontario Land Tribunal (OLT).

If a matter is referred, OLT holds a hearing and makes a recommendation to the Minister of Municipal Affairs and Housing who then makes a final decision on the matter.

The OLT is an independent tribunal responsible for hearing land use planning appeals. (See section 6, Ontario Land Tribunal)

Minor variances

If a proposed change is of "minor" significance and does not affect the general intent or purpose of the zoning order, a minor variance can be considered by the minister.

The process of applying for a minor variance is almost the same as for a zoning order amendment, except that the need for holding a hearing and giving notice, and the potential appeals are eliminated.

Subdivisions, condominiums, consents and building permits

Applications for plans of subdivisions and condominium descriptions are submitted to the approval authority who is the Minister of Municipal Affairs and Housing or the municipality or planning board if it has been given that authority by regulation. Such applications are processed in the same manner as elsewhere in Ontario.

Some planning boards have also been delegated the authority to approve plans of subdivision, for part or all of their planning area. The Minister of Municipal Affairs and Housing has the responsibility for areas where the authority has not been delegated.

To find out who is responsible for plans of subdivision and condominium descriptions in your area - the minister, municipal council or planning board - and how to apply, contact your municipality, planning board or Municipal Services Office. (See section 4, Subdivisions)

The land severance process is generally the same throughout the province, but in Northern Ontario, the processing of applications may be done by various authorities - the minister, municipal council or the planning board. To find out who is responsible for severances in your area, and how to apply, contact your municipality, planning board or Municipal Services Office for your area. (See section 5, Land severances)

Building permits are issued in Northern Ontario municipalities the same way as in Southern Ontario except in unincorporated territory. (See section 8, Building permits)

Other approvals that may be required

While the Building Code does not require building or demolition permits to be obtained in unincorporated parts of Northern Ontario, any construction, renovation, demolition and certain changes of uses of buildings are required to meet Building Code standards. There are other permits and approvals that may be required in particular circumstances. For example, a septic system permit is required for a new septic system. In cottage areas, a permit may be required from the Ministry of Natural Resources and Forestry before you do any construction in the water (for example, a dock or boathouse with solid foundation).

You may require a separate heritage approval from the municipality, or the Ontario Heritage Trust, if your property is: 

  • designated under the Ontario Heritage Act,
  • located in a heritage conservation district, or
  • subject to a heritage conservation easement (a legal agreement to protect heritage elements that applies to anyone who owns the land).