Official plans
About official plans
An official plan describes your upper, lower or single tier municipal council or planning board's policies on how land in your community should be used. It is prepared with input from your community and helps to ensure that future planning and development will meet the specific needs of your community.
An official plan deals mainly with issues such as:
- where new housing, industry, offices and shops will be located
- what services like roads, watermains, sewers, parks and schools will be needed
- when, and in what order, parts of your community will grow
- community improvement initiatives
Why you need an official plan
Your municipality's official plan:
- makes the public aware of the municipality's general land use planning policies
- makes sure that growth is coordinated and meets your community’s needs
- helps all members of your community understand how their land may be used now and in the future
- helps decide where roads, watermains, sewers, garbage dumps, parks and other services will be built
- provides a framework for establishing municipal zoning bylaws to set local regulations and standards, like the size of lots and height of buildings
- provides a way to evaluate and settle conflicting land uses while meeting local, regional and provincial interests
- shows council's commitment to the future growth of your community
The official plan process
Pre-consultation, public meeting and input
When considering an official plan, your local council or planning board must ensure that:
- at least one public meeting is held, notice of which must be given at least 20 days ahead of time, usually through local newspapers or by mail
- the approval authority is consulted and given the opportunity to review all supporting information and material
- for the statutory official plan update, a special meeting of council that is open to the public, as well as an open house information session and at least one public meeting are held
- adequate information, including a copy of the proposed plan, is made available to the public in advance of the public meeting
Any person or public body may provide written comments and/or speak at the public meeting about the proposed plan.
Your municipal council must engage with Indigenous communities and may consult with agencies, boards, authorities or commissions before making a decision.
When council prepares an official plan, it shall be consistent with the Provincial Policy Statement (PPS) issued under the Planning Act and conform or not conflict with any applicable provincial plans. This means that a council must ensure that policies under the PPS are applied as an essential part of the land use planning decision-making process.
The PPS contains policy directions on matters of provincial interest related to land use planning and development. It is expected that council will implement the PPS in the context of other planning objectives and local circumstances. (See section 1, The Planning Act, The Provincial Policy Statement, 2020.)
Official plan update
It is expected that council will regularly update the official plan to ensure that the plan implements any changes to the PPS or provincial plans. The official plan update is also an opportunity to ensure the official plan continues to address local priorities and changing community needs. This update should be completed ten years after a municipality prepares a new comprehensive official plan or every five years after an update done through an amendment to the plan.
When updating an official plan, council must hold a special public meeting to discuss the changes or amendments that may be needed.
An official plan may come into effect in one of two ways:
1. Plans exempt from approval - under this process, the Minister of Municipal Affairs and Housing may exempt the official plan and all or some of its proposed amendments from the requirement for provincial approval. The minister may also authorize upper-tier approval authorities (such as a regional municipality) to exempt any or all lower-tier proposed official plans and amendments from the requirement for approval.
Under the exempt system, after council adopts the plan and/or amendment and gives a notice of adoption, a person or a public body that made a verbal presentation at the public meeting or made a written submission to council before a decision was made, may appeal the council's decision to adopt to the Ontario Land Tribunal (OLT) within the 20-day appeal period. If there is no appeal, the official plan and/or amendment comes into effect on the day after the appeal period expires.
The OLT is an independent administrative tribunal responsible for hearing appeals and deciding on a variety of contentious municipal matters (See section 6, the Ontario Land Tribunal).
2. Plans not exempt from approval - under this process, after council adopts an official plan, it is submitted to the appropriate approval authority to review and make a decision.
All upper-tier municipalities are the approval authority for lower-tier official plans and amendments. In all other cases, the Minister of Municipal Affairs and Housing is the approval authority. To find out about the approval authority in your area, contact your municipal or planning board office.
When a municipality submits a proposed official plan to the approval authority to review and make a decision, it is required to provide all the information prescribed by minister's regulation as well as other additional information which the approval authority may require. The more information provided, the less likely delays will occur in the review.
If the municipality does not provide all the information prescribed by minister's regulation, the approval authority may refuse to accept or to further consider the official plan. A 120-day timeframe for making a decision does not begin until all the information is received by the approval authority. The approval process may take longer than this timeframe but if no decision is made within 120 days, the matter could be appealed to the OLT.
The approval authority makes sure that comments, concerns or suggestions from anyone interested in the plan are considered. This means that there may have to be negotiations with other parties, ministries, local authorities and with members of municipal council and staff.
The approval authority may approve, approve as modified, or refuse to approve all or parts of the official plan and give a notice of decision. A person or a public body that made a verbal presentation at the public meeting or made a written submission to council before its decision to adopt the official plan, may appeal the approval authority's decision to the OLT within the 20-day appeal period. If there is no appeal, the official plan comes into effect on the day after the appeal period expires. However, there is no appeal of a provincial decision regarding a new official plan or an official plan update where the minister is the approval authority.
Next steps
Once an official plan is in effect, it guides all of the municipality's planning decisions. It means that:
- the local council and municipal officials must follow the plan
- all new services, sewer or watermains, for example, must conform to the plan
- all bylaws, including zoning and related bylaws, must conform with the official plan
Single-tier official plans contain policies on how land in your community should be used. Official plans for upper-tier municipalities deal with broad planning issues that affect more than one municipality, while all lower-tier official plans and zoning bylaws must conform to the upper-tier plan.
An official plan is not set forever. The plan can be changed or amended as the community's needs change.
Get involved
You can take part in planning the future of your community by:
- finding out as much as you can about the proposed official plan
- thinking about how the plan might affect you, your property and your community
- going to any information sessions, including open houses and public meetings that are held to discuss the plan
- giving your opinions at the public meetings or making written submissions to council, one of which you must do in order to qualify for the right to appeal
- working with council and the municipal staff to resolve your concerns
If you have any concerns, you should make sure that you let council know about them early in the process. Council will then have time to think about what you said and may make changes before the plan is adopted.
You should be aware that you do not have the right of appeal to the OLT on most planning applications if you have not made verbal presentations at a public meeting or provided council with written submissions before the plan is adopted.
Your appeal rights
Appeals to the OLT can be made in four different ways:
- an applicant requesting an official plan amendment, the minister and the appropriate approval authority may appeal to the OLT if the council refuses or fails to act on a request to amend within 120 days of the receipt of a complete application by the municipality (see subsection 22(7) of the Planning Act). The notice of appeal should be filed with the municipality
- an applicant requesting an official plan amendment, the municipality that adopted the amendment and the minister (if not the approval authority) may appeal to the OLT if the approval authority fails to give notice of its decision regarding part(s) or all of the plan/amendment within 120 days of the receipt of the prescribed information by the approval authority (see subsection 17(40) of the Planning Act). The notice of appeal should be filed with the approval authority
- plans and amendments exempt from approval: An applicant requesting an official plan amendment, the minister, the appropriate approval authority and any person or public body who made verbal presentations at a public meeting or written submissions prior to adoption may appeal the council's adoption within 20 days from the date the notice of adoption is given (see subsection 17(24) of the Planning Act). The notice of appeal must be accompanied by written reasons and should be filed with the municipality
- plans and amendments NOT exempt from approval: An applicant requesting an official plan amendment, the minister and any person or public body who made verbal presentations at a public meeting or written submissions prior to adoption may appeal the approval authority's decision within 20 days from the date the notice of decision is given (see subsection 17(36) of the Planning Act). The notice of appeal must be accompanied by written reasons and should be filed with the approval authority
In your notice of appeal, you must specify the part(s) of the official plan or amendment you are appealing and include the fee required by the OLT.
If you intend to argue that the bylaw is inconsistent with a policy statement issued under the Planning Act, fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan, the notice of appeal must also explain how the bylaw is inconsistent with, fails to conform with or conflicts with the other document.
Limitations on appeals
Generally, appeals are not permitted in the following circumstances:
- refusals or failure to make a decision within the timeframe set out in the Planning Act (also known as a “non-decision”) on proposed amendments that would:
- alter the boundary of an "area of settlement" or establish a new "area of settlement"
- remove land from an "area of employment" if appropriate official plan policies are in place
- authorize a renewable energy undertaking, such as wind, solar and hydroelectric projects
- adopted or approved plans and plan amendments that would implement specified provincial priorities, including those that:
- permit the use of inclusionary zoning
- permit additional residential units, as well as proposed amendments that would remove or replace policies that permit additional residential units
- designate lands, including uses, and put in place appropriate densities (number of people, jobs and building floor area per hectare) for a protected major transit station area (lands around stations/stops for rail, subway and certain other forms of transit that are protected by official plan policies)
- implement certain matters with previous provincial approval (for example, approved source water protection boundaries, A Place to Grow: Growth Plan for the Greater Golden Horseshoe employment and population projections, Greenbelt Plan boundaries)
- implement the required official plan policies to establish a community planning permit system (CPPS) that has been required by a minister’s order
- minister’s decisions on new official plans and official plan updates under section 26 of the Planning Act
- non-decisions on adopted lower-tier official plans and updates that the upper-tier municipality has stated do not conform with the upper-tier official plan
In the case of a new official plan, there is no ability for a person or public body to appeal the entire plan, although any part of the plan can be appealed with the above noted exceptions.
The powers of the Ontario Land Tribunal
In cases of appeal, if a settlement has not already been reached, the OLT will hold a case management conference to discuss opportunities for settlement, such as mediation, and may hold a hearing. If a hearing is required, you may be given the chance to present your case.
Appealing a planning decision to the OLT is a serious matter. It can take time, effort and in some cases, money, for everyone involved.
The tribunal must have regard to the local decision and make its decision based on the facts presented at a hearing.
The tribunal has authority to make a final decision on the matter. It will seek to make the “best” planning decision while making sure its decision is consistent with the Provincial Policy Statement and conforms with any applicable provincial plans and municipal official plans. In making its decision, the OLT can allow or dismiss your appeal, and approve, approve as modified, or refuse to approve all or part of the plan or amendment.
Declaration of provincial interest
At least 30 days before a hearing is held, the Minister of Municipal Affairs and Housing can declare that an official plan matter before the OLT may adversely affect a provincial interest. When such action occurs, after the hearing is held and the OLT renders a decision, the Lieutenant Governor in Council (the Cabinet) may confirm, vary or rescind the OLT’s decision on the matter.
Power to dismiss
The OLT can dismiss an appeal in certain circumstances including if the appeal constitutes an abuse of process, such as repeatedly submitting an application that has recently been dealt with by the municipality and/or the tribunal. The OLT may also dismiss an appeal if the application before it is substantially different from that which was before council at the time of council’s decision.
Official plan amendments
An official plan amendment is a formal document that changes a municipality's official plan. Changes may be needed because of new circumstances in the community or because of requests made by property owners. Most municipalities charge a fee for processing changes requested by members of the public.
An approved official plan can be reviewed at any time, but each local council is required to update its official plan not less than 10 years from the date the plan came into effect in the case of a new comprehensive official plan. In situations where an official plan is not being replaced in its entirety, it should be updated at least every five years. This ensures the plan is consistent with the PPS and that it conforms and/or does not conflict with provincial plans, as required. If the plan is not consistent with the PPS or does not conform with provincial plans or conflicts with provincial plans, then the plan is expected to be updated. The official plan update is also an opportunity to ensure the official plan continues to address local priorities and changing community needs. In the case of a statutory official plan update, a special meeting of council must be held that is open to the public, as well as an open house information session and at least one public meeting.
A person or public body that makes verbal presentations at a public meeting or makes written submissions prior to the adoption of an official plan amendment, may appeal a council’s decision. However, there are limitations on appeal rights as noted above in the “Your appeal rights” and “Limitations of appeals” sections. To determine what appeal rights are available to you in respect of a particular official plan amendment, contact your municipal staff or secretary-treasurer of your planning board.
All amendments are proposed, discussed and processed in generally the same way as the original plan. As discussed earlier, when a council considers an official plan/amendment, it needs to ensure the official plan/amendment is consistent with the PPS issued under the Planning Act and conform/not conflict with any applicable provincial plan.
Request an official plan amendment
If you want to use your property or develop it in a way that conflicts with the municipal official plan, an amendment to the plan would be needed. You should contact staff in your municipality to start the process. They can let you know if the change is possible, what problems you might encounter, and how you should apply.
You may not be able to apply for an application to amend an official plan if your municipality passed a new comprehensive official plan within the past two years. Your application would be allowed if council has passed a resolution to allow it. The same limitation may also apply to an amendment to a secondary plan. A secondary plan is a land use plan for a particular area of a municipality that is prepared as an amendment to an official plan. Typically, a secondary plan will provide more detailed policies for the area it covers, such as public spaces, parks and urban design.
When you apply to amend an official plan, you are required to submit information which is prescribed by minister's regulation (a regulation under the Planning Act made under the Minister’s sole authority) as well as other additional information if set out in the municipal official plan. The more information provided, the less likely delays will occur in the review.
Council must review your application within 30 days of its receipt to determine if you have filed a complete application. If council fails to do so, you can make a motion to the OLT for a determination if the application is complete and if any additional information requested is reasonable. Council may refuse to accept an application that fails to provide sufficient information or material. If a council confirms that an application is incomplete and the applicant disagrees, the applicant has 30 days to make a motion to the OLT for a determination on the matter. The OLT’s decision is final. Contact the municipality if you need help assessing what information is required to make an application complete.
If council refuses or fails to act on your request for an official plan amendment within 120 days after the prescribed and municipally requested information and material is submitted, you may be able to appeal to the OLT by filing a notice of appeal with the municipality.
How the approval process may be different in Northern Ontario
The official plan process is much the same in Northern Ontario, but the responsibility for official plans and their administration outside the urban municipalities may be carried out by a planning board. (See section 7, Northern Ontario)
Summary of the official plan amendment process (plans exempt from approval)
- council initiates the process for an official plan amendment
- the proposed official plan amendment is prepared. Following this, notice and information is provided to the public and the approval authority is consulted. Other agencies may also be consulted
- a public meeting is held
- council adopts the official plan amendment
- council gives notice of adoption. The official plan amendment comes into effect if there is no appeal within the 20-day appeal period
- possible appeal to the Ontario Land Tribunal (OLT): With some restrictions, any qualifying person or public body may appeal council’s decision to adopt the official plan amendment to the OLT
- the OLT may dismiss the appeal without holding a hearing or will hold a hearing and make a final decision except when a provincial interest is declared
Summary of the official plan amendment process (plans not exempt from approval)
- council initiates the process for an official plan amendment
- the proposed official plan amendment is prepared. Following this, notice and information is provided to the public and the approval authority is consulted. Other agencies may also be consulted
- if the amendment is an official plan update under section 26 of the Planning Act, such as a statutory official plan review, an open house must be held prior to council holding a public meeting. This step is not required for all other official plan amendments
- a public meeting is held
- council adopts the official plan amendment
- council gives notice of adoption and sends the official plan amendment to the approval authority
- the approval authority may consult (as needed), makes a decision on the official plan amendment, and gives notice of its decision. The official plan amendment comes into effect if there are no appeals within the 20-day appeal period
- possible appeal to the Ontario Land Tribunal (OLT): with some restrictions, any qualifying person or public body may appeal the approval authority’s decision to the OLT. However, where the minister is the approval authority (for matters under section 26 of the Planning Act), there is no ability to appeal the minister’s decision on an official plan update
- the OLT may dismiss the appeal without holding a hearing or will hold a hearing and make a final decision except when a provincial interest is declared