PART III OFFICIAL PLANS
Contents of official plan
16 (1) An official plan shall contain, (a) goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic, built and natural environment of the municipality or part of it, or an area that is without municipal organization; (a.1) such policies and measures as are practicable to ensure the adequate provision of affordable housing; (b) a description of the measures and procedures for informing and obtaining the views of the public in respect of, (i) proposed amendments to the official plan or proposed revisions of the plan, (ii) proposed zoning by-laws, (iii) proposed plans of subdivision, and (iv) proposed consents under section 53; and (c) such other matters as may be prescribed. 2015, c. 26, s. 17; 2017, c. 23, Sched. 3, s. 5 (1). Same (2) An official plan may contain, (a) a description of the measures and procedures proposed to attain the objectives of the plan; (b) a description of the measures and procedures for informing and obtaining the views of the public in respect of planning matters not mentioned in clause (1) (b); and (c) such other matters as may be prescribed. 2015, c. 26, s. 17. Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, (a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 9, s. 4 (1). Same, parking (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3) other than the primary residential unit. 2022, c. 21, Sched. 9, s. 4 (1); 2023, c. 10, Sched. 6, s. 3. Same, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). 2022, c. 21, Sched. 9, s. 4 (1). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2). 2022, c. 21, Sched. 9, s. 4 (1). Inclusionary zoning policies (4) An official plan of a municipality that is prescribed for the purpose of this subsection shall contain policies that authorize inclusionary zoning by, (a) authorizing the inclusion of affordable housing units within buildings or projects containing other residential units; and (b) providing for the affordable housing units to be maintained as affordable housing units over time. 2016, c. 25, Sched. 4, s. 1 (2). Same (5) An official plan of a municipality that is not prescribed for the purpose of subsection (4) may contain the policies described in subsection (4) in respect of, (a) a protected major transit station area identified in accordance with subsection (15) or (16), as the case may be; or (b) an area in respect of which a development permit system is adopted or established in response to an order under subsection 70.2.2 (1). 2019, c. 9, Sched. 12, s. 2 (2). Adoption of inclusionary zoning policies (5.1) The policies described in subsection (4) may be adopted in respect of an area described in clause (5) (a) or (b) as part of an official plan or an amendment to an official plan that includes policies, (a) that identify an area as the protected major transit station area described in clause (5) (a); or (b) that must be contained in an official plan before the development permit system described in clause (5) (b) may be adopted or established. 2019, c. 9, Sched. 12, s. 2 (2). Goals and objectives (6) The policies described in subsection (4) shall include goals and objectives and a description of the measures and procedures proposed to attain those goals and objectives. 2016, c. 25, Sched. 4, s. 1 (2). Prescribed provisions and matters (7) The policies described in subsection (4) shall include the prescribed provisions and provisions about the prescribed matters. 2016, c. 25, Sched. 4, s. 1 (2). No limitation (8) Each subsection of this section shall be read as not limiting what an official plan is required to or may contain under any of the other subsections. 2016, c. 25, Sched. 4, s. 1 (2). Assessment report (9) Before adopting the parts of an official plan which contain policies described in subsection (4), the council of the municipality shall ensure that an assessment report has been prepared. 2016, c. 25, Sched. 4, s. 1 (3). Updating of assessment report (10) Within five years after the parts of its official plan which contain policies described in subsection (4) come into effect, the council of the municipality shall ensure that an updated assessment report is prepared for the purpose of determining whether any of those parts of the official plan should be amended. 2016, c. 25, Sched. 4, s. 1 (3). Periodic updating (11) As long as its official plan contains policies described in subsection (4), the council of the municipality shall ensure that an updated assessment report is prepared within five years after the date of the most recent updated assessment report, for the purpose of determining whether any of the parts of the official plan which contain policies described in subsection (4) should be amended. 2016, c. 25, Sched. 4, s. 1 (3). Requirements relating to assessment reports (12) The council of the municipality shall ensure that the initial assessment report and every updated assessment report includes the information and documents specified in the regulations and complies with the requirements specified in the regulations. 2016, c. 25, Sched. 4, s. 1 (3). Assessment reports to be made available to public (13) The council of the municipality shall ensure that the initial assessment report is made available to the public before the parts of the official plan which contain policies described in subsection (4) are adopted and that every updated assessment report is made available to the public before any amendments to the parts of the official plan which contain policies described in subsection (4) are adopted. 2016, c. 25, Sched. 4, s. 1 (3). Climate change policies (14) An official plan shall contain policies that identify goals, objectives and actions to mitigate greenhouse gas emissions and to provide for adaptation to a changing climate, including through increasing resiliency. 2017, c. 23, Sched. 3, s. 5 (2). Protected major transit station areas – single-tier municipality (15) The official plan of a single-tier municipality may include policies that identify the area surrounding and including an existing or planned higher order transit station or stop as a protected major transit station area and that delineate the area’s boundaries, and if the official plan includes such policies it must also contain policies that, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 16 (15) of the Act is amended by adding “or a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities” after “single-tier municipality” in the portion before clause (a). (See: 2022, c. 21, Sched. 9, s. 4 (2)) (a) identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area; (b) identify the authorized uses of land in the major transit station area and of buildings or structures on lands in the area; and (c) identify the minimum densities that are authorized with respect to buildings and structures on lands in the area. 2017, c. 23, Sched. 3, s. 5 (2). Same, upper-tier municipality (16) The official plan of an upper-tier municipality may include policies that identify the area surrounding and including an existing or planned higher order transit station or stop as a protected major transit station area and that delineate the area’s boundaries, and if the official plan includes such policies it must also contain policies that, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 16 (16) of the Act is amended by striking out “upper-tier municipality” in the portion before clause (a) and substituting “upper-tier municipality with planning responsibilities”. (See: 2022, c. 21, Sched. 9, s. 4 (3)) (a) identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area; and (b) require official plans of the relevant lower-tier municipality or municipalities to include policies that, (i) identify the authorized uses of land in the area and of buildings or structures on lands in the area; and (ii) identify the minimum densities that are authorized with respect to buildings and structures on lands in the area. 2017, c. 23, Sched. 3, s. 5 (2). Failure to amend official plan (17) If an official plan of a lower-tier municipality that is required to include the policies described in subclauses (16) (b) (i) and (ii) is not amended to include those policies as required by subsection 27 (1) within one year from the day the policies identifying the relevant protected major transit station area in accordance with subsection (16) of this section come into effect, subsection 27 (2) does not apply and instead the council of the upper-tier municipality shall amend the official plan of the lower-tier municipality in the like manner and subject to the same requirements and procedures as the council that failed to make the amendment within the one-year period as required. 2017, c. 23, Sched. 3, s. 5 (2). No exemption under subs. 17 (9) (18) An order under subsection 17 (9) does not apply to an amendment to an official plan if the amendment does any of the following: 1. Adds all of the policies described in subsection (15) to the official plan. 2. In the case of an official plan of an upper-tier municipality, adds all of the policies described in subsection (16) to the plan, other than the policies described in subclauses (16) (b) (i) and (ii). 3. In the case of an official plan of a lower-tier municipality, adds all of the policies described in subclauses (16) (b) (i) and (ii) to the plan with respect to a protected major transit station area identified in accordance with subsection (16). 4. Amends or revokes any of the policies described in subsection (15) or (16) with respect to a protected major transit station area identified in accordance with either of those subsections. 2017, c. 23, Sched. 3, s. 5 (2). Authorization under subs. 17 (10) does not apply (19) An authorization under subsection 17 (10) does not apply to an amendment to an official plan of a lower-tier municipality that, (a) adds all of the policies described in subclauses (16) (b) (i) and (ii) to the plan with respect to a protected major transit station area identified in accordance with subsection (16); or (b) amends or revokes any of the policies described in subclauses (16) (b) (i) and (ii) with respect to a protected major transit station area identified in accordance with subsection (16). 2017, c. 23, Sched. 3, s. 5 (2). Updating zoning by-laws (20) No later than one year after the official plan policies described in paragraph 1 or 2 of subsection (21) come into effect, the council of the local municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the policies. 2022, c. 21, Sched. 9, s. 4 (4). Same (21) The official plan policies referred to in subsection (20) are as follows: 1. Policies listed in subsection 17 (36.1.4). 2. Policies set out in the official plan of a local municipality that, i. delineate an area surrounding and including an existing or planned higher order transit station or stop, and identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area, and ii. are required to be included in an official plan to conform with a provincial plan or be consistent with a policy statement issued under subsection 3 (1). 2022, c. 21, Sched. 9, s. 4 (4). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 9 - 28/03/1995; 1996, c. 4, s. 8 (1) - 22/05/1996; 1996, c. 4, s. 8 (2) - 16/11/1995 2006, c. 23, s. 8
- 01/01/2007 2011, c. 6, Sched. 2, s. 2 - 01/01/2012 2015, c. 26, s. 17
- 01/07/2016 2016, c. 25, Sched. 4, s. 1 (1-3) - 12/04/2018 2017, c. 23, Sched. 3, s. 5 (1, 2) - 03/04/2018 2019, c. 9, Sched. 12, s. 2 (1, 2) - 03/09/2019 2022, c. 21, Sched. 9, s. 4 (1, 4) - 28/11/2022; 2022, c. 21, Sched. 9, s. 4 (2, 3) - not in force 2023, c. 10, Sched. 6, s. 3 - 08/06/2023