Overview

This zoning order framework guides how requests to the Minister of Municipal Affairs and Housing for zoning orders under section 47 of the Planning Act are submitted and considered. It outlines a transparent process for submitting new zoning order requests and consists of the following components:

  • intake thresholds
  • submission expectations
  • process for ministry assessments and decision-making (including public consultation)

This framework is intended to provide a consistent set of expectations for stakeholders, including municipalities, to understand what is expected to be included with a zoning order request and how the minister may assess it.

This framework is not intended to apply to requests made to the Minister of Infrastructure.

Zoning orders

Section 47 of the Planning Act authorizes the Minister of Municipal Affairs and Housing to make zoning orders that regulate the use of land in Ontario.

Zoning order requests are approved or refused at the discretion of the minister. The minister may consider requests submitted by parties such as ministries, municipalities, organizations, businesses or individuals.

These zoning orders are similar to local zoning by-laws. They can:

  • permit the use of land (for example, manufacturing, housing, health care, long term care uses)
  • prohibit the use of land (for example, to protect an environmentally sensitive feature)
  • regulate location, use, height, size and spacing of buildings and structures

If there is a conflict between a zoning order and a municipal zoning by-law, the zoning order prevails to the extent of the conflict.

Under the Planning Act, zoning orders do not have to be consistent with the Provincial Planning Statement, except in the Greenbelt Area. The Planning Act does not provide for a right to appeal the minister’s decision to make a zoning order to the Ontario Land Tribunal.

Through Order in Council 589/2025 the Minister of Infrastructure may exercise the powers and perform the duties, functions and responsibilities of the Minister of Municipal Affairs and Housing under section 47 of the Planning Act for transit-oriented community lands designated under subsection 2 (1) of the Transit-Oriented Communities Act, 2020. This framework does not apply to requests made to the Minister of Infrastructure.

Enhanced authorities

The minister may also use enhanced authorities (set out in subsections 47 (4.1) to (4.16) of the Planning Act) when making a zoning order, except in the Greenbelt Area. This includes authority to:

  • remove municipal use of site plan control
  • require agreements between municipalities and landowners concerning site plan matters
  • require/remove inclusionary zoning (affordable housing requirements)

Conditions

The minister has the authority to impose conditions on a zoning order. These must be met before the zoning order comes into effect.

Downstream approvals

Zoning orders address the zoning of a site. They do not provide a proponent with approval to start construction and do not exempt them from getting other downstream approvals such as plan of subdivision approval, environmental approvals, building permits and other applicable permits. Outside of the Greenbelt Area, the minister has the discretion to include a provision in a zoning order that exempts the Provincial Planning Statement, provincial plans and official plans from applying to any required downstream approvals, permits or licences. However, this discretionary authority does not exempt the need for proponents to obtain any required downstream approvals, permits or licences.

Requests for zoning orders

Zoning orders are made at the discretion of the minister. The minister may consider requests submitted by parties such as ministries, municipalities, organizations, businesses or individuals.

Before you submit a request, please review:

  • the intake thresholds
  • submission expectations

Before making a request for a zoning order, or an amendment or revocation to an existing zoning order, requestors are encouraged to contact the ministry at mmahzoningorders@ontario.ca to discuss Planning Act requirements and expectations articulated in this framework.

Send your request via email to mmahzoningorders@ontario.ca.

Intake thresholds

The minister will consider requests for zoning orders that meet at least one of the following intake thresholds:

Provincial priority

Requests that deliver on a provincial priority and have written support from the responsible minister. Provincial priorities include:

  • long-term care
  • hospitals
  • transit-oriented communities
  • housing
  • educational facilities
  • economic development
  • manufacturing initiatives

Municipally supported

Requests that are supported by a single-tier or lower-tier municipality. Municipal support may be provided through:

  • a municipal council resolution
  • a letter from a mayor or head of council of a municipality with strong mayor powers

For all municipally-supported zoning order requests:

  • municipal councils or mayors with strong mayor powers must direct municipal staff to provide any additional information, including studies requested by the ministry
  • where a municipality owns or operates the infrastructure needed to support a zoning order-enabled project, confirmation from the municipality that necessary infrastructure is available or will be available including:
    • water and wastewater services
    • necessary transportation infrastructure

If a municipally supported zoning order is made, the minister expects municipal staff to provide timely updates to the ministry on the implementation progress of the associated project.

Housing as a provincial priority

Requests that would enable housing based on local needs and do not have support from the single-tier or lower-tier municipality including:

  • 20% or more of the total housing units meet or exceed the Provincial Planning Statement, 2024 definition of affordable housing
  • supportive or transitional housing where the operating funding has been secured for the deep affordability and the wraparound services for residents (for example, mental health and addictions treatment, counselling, skills training, daily living, behaviour supports)
  • an emergency shelter
  • purpose built rental housing with a diversity of unit sizes and types (for example, studio, 1-, 2- and 3-bedroom and accessible units)

As housing is a shared priority across all levels of government and relies on partnerships with municipalities responsible for matters outside the scope of a zoning order such as downstream approvals and servicing, the ministry expects requestors to build upon the submission expectations below to further explain:

  • why the zoning order request was not supported by the local municipality (for example, municipal staff report, council or committee meeting minutes, or communication from municipality)
  • how the project will be achieved without municipal support (for example, servicing and downstream approvals)
  • the need for a zoning order in the absence of municipal support (for example, zoning certainty is needed to access time-sensitive funding)
  • demonstration of committed or conditional funding to deliver on affordable or supportive housing units, if the proposed development relies on such funding

Housing as a provincial priority zoning orders may be subject to conditions to ensure delivery of the units indicated, at the defined level of affordability and for the specified duration, as applicable (for example, agreement registered on title).

Submission expectations

All submissions must include evidence of how an intake threshold is met. For example:

  • letter from a minister
  • council resolution
  • letter from a mayor where the municipality has been designated with strong mayor powers

Zoning order request submission checklist

The ministry requires the following information and materials to be provided for the minister’s consideration of a request:

  • a description of the project and how it would support governmental objectives
  • a map of the subject lands, including Geographic Information System (GIS) shapefiles
  • a description of the subject lands (including total area and current land use designations and zoning)
  • a copy of a draft zoning order (in Microsoft Word format)
  • a record of consultation with the public and engagement with Indigenous communities
  • information related to land ownership and name of the requestor
  • rationale on why the project requires ministerial zoning relief rather than following municipal planning processes
  • a description of any licences, permits, approvals, permissions or other matters that would be required for the project after a zoning order is made
  • justification for the exemption of the application of provincial and local land use policies to downstream approvals, where requested
  • justification for the use of any of the enhanced authorities, where requested
  • a workplan that sets out anticipated downstream approvals or permits and associated timelines (for example, site plan, plan of subdivision, or building permit)
  • anticipated timing for project completion
  • for any housing projects that include affordable units, purpose-built rental units and/or aim to target a particular demographic (for example, veterans or students), a description of the mechanisms that will be put in place to ensure the stated objectives and outcomes of a project will be achieved (for example, agreements registered on title)
  • information related to how and when servicing (water and wastewater) will be addressed and financed
  • a commitment that if a zoning order is made, the landowner will notify the minister 30 days in advance of the sale of any land that is not provincially-owned the order applies to

As best practice, proponents should consider whether there is a demonstrable need for urgency of zoning relief such as timelines relating to funding or grants, or an emergency public health and safety concern. Proponents should also assess project feasibility prior to making a request, such as anticipated timelines related to applying for downstream approvals, and progress to address water and wastewater and other servicing.

As a discretionary matter, the minister may elect to proceed with a zoning order where some, but not all, submission requirements are fulfilled to address an immediate public health or safety concern, or requests related to a provincial priority with support from a partner ministry.

Requestors may also be required to cover the ministry’s costs for providing public notice.

After a zoning order is requested

Ministry assessment

The Ministry of Municipal Affairs and Housing (ministry) will assess requests for zoning orders that meet at least one of the intake thresholds. If critical information is missing from a submission, the ministry will follow up with a request for information. If the information is not given, the request for a zoning order may be refused at the minister’s discretion.

Consultation and communication

Although not required under the Planning Act, the minister may provide public notice of requests for zoning orders through a minimum 30-day posting on Ontario’s Environmental Registry, except where the request for zoning relief is deemed time sensitive. Giving notice of a zoning order request for public consultation is not an indication that the minister will make the zoning order.

Under the Planning Act, notice of a zoning order is required to be given within 30 days of it being made in the manner considered proper by the minister. After the making of a zoning order, the ministry will:

  • post a notice on the Environmental Registry
  • publish notice in a newspaper (online or print media) that has general circulation in the municipality or area where the affected lands are located
  • provide a copy of the order to the clerk of the local municipality, if any, where the affected lands are located

If the minister chooses to make a zoning order, it will be published on ontario.ca.

Zoning orders issued before November 27, 2025 were made as regulations under the Planning Act and can be found on e-Laws. These zoning orders continue to apply unless revoked by the minister.

Refusals

The minister also has the discretion to refuse a request. If a request is refused, the requestor will be notified as appropriate and any Environmental Registry proposal notice that was posted will be updated accordingly.

Amendment or revocation of zoning orders

The minister may independently, or upon the application of any person or public body, amend or revoke a zoning order. The decision to proceed with a request to amend or revoke is at the discretion of the minister.

A request to amend or revoke a zoning order under subsection 47(8) of the Planning Act shall include the prescribed information set out in Ontario Regulation 546/06 and any applicable fee. Use this form for requests to amend or revoke a zoning order.

Although not required under the Planning Act, the minister may choose to give notice when proposing to amend or revoke a zoning order or having received a request to do so, as outlined above for new zoning orders.

Applicants are encouraged to contact MMAHzoningorders@ontario.ca to discuss amendments to or revocations of a zoning orders, before submitting an application.

Existing Aboriginal or treaty rights

As decisions of the Crown, zoning orders 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.