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:

  • all municipalities in Northern Ontario are single-tier municipalities, unlike Southern Ontario where municipalities may be single, lower or upper-tier
  • a large amount of land in Northern Ontario is without municipal organization (sometimes called unincorporated territory)
  • much of Northern Ontario is Crown land (public land that is managed by government)

Land use planning in Northern Ontario may be administered by:

  1. a municipality
  2. planning boards
  3. the Minister of Municipal Affairs and Housing
  4. the Ministry of Natural Resources (Crown land)

The role of a planning board

Planning boards are created by the Minister under the Planning Act and provide a variety of land use planning services on behalf of the Province within their planning areas. A planning board coordinates future growth and land use planning activities for a defined planning area.

Planning areas are generally made up of various combinations of municipalities and areas without municipal organization but may also include an area consisting entirely of municipalities or entirely of areas without municipal organization. There are 17 planning boards located in different parts of Northern Ontario.

Members of planning boards representing municipalities are appointed by the local municipal councils, and members representing the areas without municipal organization are appointed by the Minister of Municipal Affairs and Housing.

Planning boards may assume a planning role similar to a local council by developing land use planning policies that guide future development for a planning area. They can prepare official plans that apply to the whole planning area or just in areas without municipal organization within their jurisdiction and pass zoning bylaws applicable to areas without municipal organization within their jurisdiction.

Where the authority is delegated, planning boards also carry out some planning functions on behalf of the minister. The delegated functions may include the power to approve subdivisions, grant consents and administer zoning orders that have been deemed to be bylaws. A planning board may charge a fee for processing applications to it for planning approvals. The land use planning decisions of planning boards must be consistent with the Provincial Planning Statement and comply with any other legislative requirements.

The role of the Minister of Municipal Affairs and Housing

In Northern Ontario, the minister protects provincial interests through:

  • input, review and approval of official plans and certain official plan amendments
  • enacting minister’s zoning orders
  • decision-making on development applications (for example, plans of subdivision, consent applications) except in those areas where approval authority is given to municipalities or planning boards

The role of the Ministry of Natural Resources

The Ministry of Natural Resources is responsible for the planning and management of Crown land throughout 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 consults with affected municipal councils and planning boards and takes into consideration existing official plans and policies. Ministry of Natural Resources 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 that cover entire planning board areas or areas of planning boards without municipal organization. In a planning area made up entirely of areas without municipal organization, the official plan will be prepared and adopted by the planning board. Once adopted, the official plan must be approved by the Minister of Municipal Affairs and Housing.

Where a planning area is comprised of only municipalities or a combination of municipalities and unincorporated areas, planning boards may be responsible for preparing an official plan for the entire planning area. In the case of planning areas that include municipalities, the planning board may be asked to prepare an official plan for an individual municipality.

In the case of a planning area made up of more than one municipality, the planning board prepares and recommends an official plan for adoption by member municipalities. 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. In either case, once the plan is adopted by the majority of member municipalities, it is forwarded to the Minister of Municipal Affairs and Housing for approval.

As in Southern Ontario, site-specific or policy-specific amendments to official plans may be exempt from minister’s 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 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, properties are not subject to zoning, with 2 exceptions:

  1. where a zoning by-law has been implemented by a planning board (planning board then has the same powers as a municipality to pass and administer zoning bylaws)
  2. where the Minister of Municipal Affairs and Housing has enacted a minister’s zoning order which can apply to a single property or across large areas.

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

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

Changing a minister’s zoning order

Amending all or part of a zoning order involves submitting an application to the minister. There are public notice requirements that generally apply to minister’s zoning order amendments, and there may be opportunities for public comment.

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, the 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)

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 requirements for public consultation, giving notice, and potential involvement of the OLT do not apply.

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. (See section 5, Land severances)

To find out who is responsible for severances, plans of subdivision and condominium descriptions in your area, and how to apply, contact your municipality, planning board or Municipal Services Office for your area. Find your planning approval authority and learn how to apply for changes to land use.

Ontario Building Code

Building permits are issued in Northern Ontario municipalities the same way as in Southern Ontario. While the Building Code does not require building or demolition permits to be obtained in unincorporated territories in Northern Ontario, any construction, renovation, demolition and certain changes of uses of buildings are required to meet Building Code standards. (See section 8, Building permits)

Other approvals that may be required

There are other permits and approvals related to building and development that may be required in particular circumstances from ministries or agencies. For example, a septic system permit is required for a new septic system and potentially for a composting/incinerating toilet. In waterfront areas, a permit may be required from the Ministry of Natural Resources before you do any construction in the water (for example, a dock or boathouse with solid foundation).

A separate heritage approval may be required from the municipality, or the Ontario Heritage Trust, if the 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).