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filed February 24, 2023 under Planning Act, R.S.O. 1990, c. P.13

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ontario regulation 27/23

made under the

Planning Act

Made: February 24, 2023
Filed: February 24, 2023
Published on e-Laws: February 27, 2023
Printed in The Ontario Gazette: March 11, 2023

Amending O. Reg. 446/20


1. Section 1 of Ontario Regulation 446/20 is revoked and the following substituted:


1. In this Order,

“accessory”, when used to describe a use, building or structure, means a use, building or structure normally incidental or subordinate to a long-term care home or retirement home use, building or structure located on the same lot, including but not limited to,

(a) a school, post-secondary,

(b) a day care,

(c) a general office,

(d) a medical office,

(e) a personal service shop,

(f) a research and development use,

(g) a restaurant,

(h) a retail store,

(i) a seniors’ community centre,

(j) a service commercial use,

(k) administrative offices,

(l) dining facilities,

(m) nursing stations, and

(n) activity rooms;

“long-term care home” has the same meaning as in the Fixing Long-Term Care Act, 2021;

“seniors’ community centre” means a multi-purpose facility or part of that facility which offers a variety of programs of a recreational, cultural, community service, informational or instructional nature that are designed for seniors;

“zoning by-law” means Zoning By-law 2009-189 of the Town of Oakville.

2. Section 2 of the Regulation is amended by adding the following subsection:

(2) Despite any existing or future severance, partition or division of the lands described in subsection (1), this Order applies to the whole of the lands as if no severance, partition or division had occurred.

3. Sections 3 and 4 of the Regulation are revoked and the following substituted:

Permitted uses

3. In addition to the uses permitted by the zoning by-law on the lands described in subsection 2 (1), the following uses are permitted:

1. An apartment dwelling.

2. A long-term care home with accessory uses, buildings and structures.

3. A retirement home with accessory uses, buildings and structures.

4. A parking garage.

Zoning requirements

4. Despite the zoning by-law, the zoning requirements for the uses permitted under section 3 are as follows:

1. The lot line abutting Hospital Gate is deemed the front lot line.

2. The minimum front yard setback is 3 metres.

3. The minimum flankage yard setback is 3 metres.

4. The minimum rear yard setback is 6 metres.

5. The maximum building height is 63 metres.

6. The maximum number of storeys is 15.

7. The area of buildings occupied by retirement home uses shall not exceed a floor area of 73,000 square metres, including the floor area of any accessory uses.

8. The area of buildings occupied by apartment dwelling uses shall not exceed a floor area of 28,000 square metres.

9. The maximum number of dwelling units, other than dwelling units within a retirement home, is 250.

10. The maximum surface parking area coverage is 35 per cent of the lot area.

11. The minimum required parking spaces are as follows:

i. For a long-term care home, 0.25 spaces per bed.

ii. For a retirement home, 0.33 spaces per assisted living unit and dwelling unit within a retirement home.

iii. For an apartment building, 1.25 spaces per dwelling unit, of which 0.25 spaces per dwelling unit shall be designated as visitors parking spaces.

12. The minimum landscape area is 10 per cent of the lot area.

13. The minimum width of a landscape strip abutting any lot line or any surface parking area is 3 metres.

14. Rooftop mechanical equipment shall be set back a minimum of 5 metres from all edges of a roof if the rooftop mechanical equipment is not fully enclosed within a mechanical penthouse.


4. This Regulation comes into force on the day it is filed.

Made by:

Hannah Evans

Assistant Deputy Minister,

Municipal Services Division,

Ministry of Municipal Affairs and Housing

Date made: February 24, 2023