Citizens’ Guide 1 – The Planning Act PDF (145K)

The Planning Act sets out the ground rules for land use planning in Ontario and describes how land uses may be controlled, and who may control them.

The Act is legislation passed by your elected provincial representatives to:

• promote sustainable economic development in a healthy natural environment within a provincial policy framework
• provide for a land use planning system led by provincial policy
• integrate matters of provincial interest into provincial and municipal planning decisions by requiring that all decisions shall be consistent with the Provincial Policy Statement when decision-makers exercise planning authority or provide advice on planning matters
• provide for planning processes that are fair by making them open, accessible, timely and efficient
• encourage co-operation and coordination among various interests
• recognize the decision-making authority and accountability of municipal councils in planning.

The Act provides the basis for:

• considering provincial interests, such as protecting and managing our natural resources
• establishing local planning administration, including planning boards in northern Ontario (See Northern Ontario, No. 7 in the series.)
• preparing official plans and planning policies that will guide future development
• a variety of tools that municipalities can use to facilitate planning for the future
• establishing a streamlined planning process which emphasizes local autonomy in decision-making
• exempting official plans and official plan amendments from approval (See Official Plans, No. 2 in the series.)
• regulating and controlling land uses through zoning by-laws and minor variances (See Zoning By-Laws, No. 3 in the series.)
• dividing land into separate lots for sale or development through a plan of subdivision or a land severance (See Subdivisions and Land Severances, Nos. 4 & 5 in the series.)
• ensuring the rights of local citizens to be notified about planning proposals, to give their views to their municipal council and, where permitted, to appeal decisions to the Ontario Municipal Board(OMB) or in some cases, a municipal Local Appeal Body (LAB) where a LAB has been established by a municipality. The OMB and LAB are independent administrative tribunals responsible for hearing appeals and deciding on a variety of contentious municipal matters (See the Ontario Municipal BoardNo. 6 in the series.)
• ensuring that approval authorities or the Ontario Municipal Board have regard to decisions made by municipal councils and approval authorities when dealing with the same planning matters
• allowing provincial appeals only through the Ministry of Municipal Affairs and Housing (See The Plan Review and Approval Process, No. 9 in the series).

What is the province’s role?

The province:

• issues provincial policy statements under the Planning Act
• prepares provincial plans e.g. Greenbelt Plan and Growth Plan for the Greater Golden Horseshoe, 2006
• promotes provincial interests, such as protecting farmland, natural resources and the environment, as well as promoting development that is designed to be sustainable, supportive of public transit and oriented to pedestrians
• provides one-window planning service to municipalities through the Ministry of Municipal Affairs and Housing, the primary provincial contact for advice and information on land use planning issues
• gives advice to municipalities and the public on land use planning issues
• administers local planning controls and gives approval where required.

What is the role of municipalities?

The municipality:

• makes local planning decisions that will determine the future of communities
• prepares planning documents, such as:

an official plan, which sets out the municipality’s general planning goals and policies that will guide future land use

zoning by-laws, which set the rules and regulations that control development as it occurs. The Planning Act also gives planning boards in northern Ontario the power to adopt official plans and pass zoning by-laws for unorganized territory within their planning areas

• ensures planning decisions and planning documents are consistent with the Provincial Policy Statement and conform or do not conflict with provincial plans.

Upper-tier municipalities (i.e. counties and regional/district municipalities) as well as planning boards deal with broad land use planning issues that concern more than one local municipality. Some of these upper-tier municipalities have their own official plans and have the power to approve local official plans, in place of the Minister of Municipal Affairs and Housing.

Some of these upper-tier municipalities are also the approval authority for plans of subdivision. In some areas of the province, municipalities in one or more counties, with the approval of the Minister, may constitute a municipal planning authority to do joint planning to address common issues on managing growth and providing services. A municipal planning authority would have the same power as the council to prepare an official plan for the defined municipal planning area. It may also be given the power to approve plans of subdivision and consents as well as local official plans and amendments.

Contact your municipal clerk’s office or planning department to determine the approval authority for official plans and plans of subdivision in your area.

What is the Provincial Policy Statement?

Under the Planning Act, the Minister of Municipal Affairs and Housing may, from time to time, issue provincial statements on matters related to land use planning that are of provincial interest.

The Provincial Policy Statement, 2005 (PPS, 2005) contains clear, overall policy directions on matters of provincial interest related to land use planning and development. The Provincial Policy Statement, 2005 may be obtained through the government offices listed at the end of this guide, or by visiting the Ministry website at: ontario.ca/mah.

The Provincial Policy Statement, 2005 promotes a policy-led planning system that recognizes there are complex inter-relationships among and between environmental, economic and social factors in land use planning. Below is a description of three major PPS, 2005 policy sections:

Building Strong Communities

The Provincial Policy Statement, 2005 provides policy direction that will help build strong communities in Ontario. For example, to help achieve strong communities where people would like to live, work and play, the Provincial Policy Statement, 2005, provides policies for:

• the wise management of land to meet future needs
• the provision of a range of housing types, including affordable housing, and densities to meet the needs of current and future residents
• the protection of employment areas to promote economic development and competitiveness.

Wise Management of Resources

The Provincial Policy Statement, 2005 includes strong policy direction to protect the province’s natural heritage, water, agricultural, mineral, and cultural heritage and archaeological resources. The protection of these important resources will help ensure Ontario’s long-term prosperity, environmental health and social well-being.

Protecting Public Health and Safety

The Provincial Policy Statement, 2005 protects Ontario communities through policies directing development away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety, or property damage.

When decision-makers exercise any authority that affects planning matters, the Planning Act requires that they “shall be consistent with” the Provincial Policy Statement. This means that a decision-maker is obliged to ensure that the policies in the Provincial Policy Statement are applied as an essential part of the land use planning decision-making process. Decision makers implement the Provincial Policy Statement in the context of other planning objectives and local circumstances.

How does the Planning Act work?

Municipal councils, landowners, developers, planners and the public play an important role in shaping a community. Community planning is aimed at identifying common community goals and balancing competing interests of the various parties.

The central activity in the planning of a community is the making of an official plan, a document which guides future development of an area in the best interest of the community as a whole.

Your municipal council must give you as much information as possible when preparing its official plan and, in some cases, must hold a public open house to let the public review, ask questions and provide suggestions or comments about the plan. Before it adopts the plan, council must hold at least one public meeting where you can formally give your opinion. It is up to council to decide the best way to let people know about the meeting, but notice must be given at least 20 days ahead of time, either through local newspapers or by mail and posted notice.

The Act encourages early upfront involvement and the use of mediation techniques to resolve conflict. Make sure you make your views known early in the planning process. If you don’t, you are not eligible to appeal certain types of planning decisions and you may not be eligible to be a party to appeals of certain types of planning decisions.

The Planning Act contains similar procedures for changes to the official plan, for zoning by-law amendments and approval of plans of subdivision.

How can you get involved?

You can be an important part of the land use planning process by keeping informed about what’s going on in your community and by participating in public meetings.

Your input will help the municipal council make better decisions that affect your future. So, if you are concerned about all or any part of a planning proposal or policy change, you should:

• find out as much as possible about the proposal
• think about how it will affect you
• talk to your neighbours
• go to public meetings, open houses and information sessions and let council know what you think
• write to your council member or the municipal officials about your views
• work with council and municipal staff to resolve your concerns.

Finally, if you are not happy with council’s decisions on planning issues, in many instances you may appeal to the Ontario Municipal Board for a public hearing. To ensure that your appeal rights are protected, it is important that you make your views known during the municipal decision-making process.

For more information about your rights to appeal, see the Ontario Municipal Board,No. 6 in the series, and the guides that deal with specific types of planning documents.

How can you find out more?

For more information about land use planning in your community contact your municipal clerk or planning department. For more information about land use planning in Ontario, or how to obtain copies of Citizens’ Guides contact your nearest Municipal Services Office (MSO).

For More Information
Ministry of Municipal Affairs and Housing
Provincial Planning Policy Branch (416) 585-6014

A hard copy of this publication can be ordered:

Online at serviceontario.ca/publications

By phone through the ServiceOntario Contact Centre
Monday to Friday, 8:30 AM to 5:00 PM

• 416-326-5300
• 416-325-3408 (TTY)
• 1-800-668-9938 Toll-free across Canada
• 1-800-268-7095 TTY Toll-free across Ontario

Produced by the Ministry of Municipal Affairs and Housing, Provincial Planning Policy Branch

ISBN 978-1-4249-7128-2 (PDF)
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Citizens’ Guide 2 – Official Plan PDF (514 KB)

An official plan deals mainly with issues such as:

Your municipality’s official plan:

• lets the public know what the municipality’s general land use planning policies are
• 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 by-laws 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.

What is the official plan process?

Pre-consultation, public meeting and input

When considering an official plan, your local council, planning board or municipal planning authority 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 five year official plan review, 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.

The council 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 issued under the Planning Act and conform to, or not conflict, with any applicable provincial plans. The Provincial Policy Statement contains clear, overall policy directions on matters of provincial interest related to land use planning and development. The “shall be consistent with” rule means that a council is obliged to ensure that policies under the Provincial Policy Statement are applied as an essential part of the land use planning decision-making process. It is expected that the council will implement the Provincial Policy Statement in the context of other planning objectives and local circumstances. (See The Planning Act,No. 1 in the series, and the Provincial Policy Statement, 2005. Both may be obtained by visiting the Ministry website at: ontario.ca/mah or through the government offices listed at the end of this guide.)

It is also expected that council will update the official plan at least every five years to ensure that the plan implements any changes to the Provincial Policy Statement or provincial plans. The five-year review is also an opportunity to ensure the official plan continues to address local priorities and changing community needs.

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 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 the council adopts the plan and/or amendment and gives a notice of adoption, a person or a public body that made an oral submission 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 Municipal Board 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.

The Ontario Municipal Board is an independent administrative tribunal responsible for hearing appeals and deciding on a variety of contentious municipal matters. (See the Ontario Municipal Board, No. 6 in the series.)

2. Plans not exempt from approval – under this process, after the council adopts an official plan, it is submitted to the appropriate approval authority to review and make a decision.

Many 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. As more upper-tier municipalities have new official plans coming into effect, they become the approval authority for local official plans and amendments. To find out about the approval authority in your area, contact your municipal or planning board office.

When it submits a proposed official plan to the approval authority to review and make a decision, the municipality 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 180-day time frame 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 time frame but if no decision is made within 180 days, the matter could be appealed to the Ontario Municipal Board.

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 an oral submission 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 Ontario Municipal Board 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.

What happens next?

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 by-laws, including zoning and related by-laws, must conform with the official plan.

Official plans for upper-tier municipalities deal with broad planning issues that affect more than one municipality. All lower-tier official plans and zoning by-laws must conform to the upper-tier plan.

However, an official plan is not set forever. The plan can be changed or amended as the community’s needs change.

How can you 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 Ontario Municipal Board on most planning applications if you have not made oral submissions at a public meeting or provided council with written submissions before the plan is adopted. (See the Ontario Municipal Board, No. 6 in the series.)

What rights of appeal do you have?

Appeals to the Ontario Municipal Board can be made in four different ways:

1. An applicant requesting an official plan amendment, the Minister and the appropriate approval authority may appeal to the Ontario Municipal Board if the council refuses or fails to act on a request to amend within 180 days of the receipt of a complete application by the municipality. The notice of appeal should be filed with the municipality.

2. Any person or public body may appeal to the Ontario Municipal Board, if the approval authority fails to give notice of its decision regarding part(s) or all of the plan/amendment within 180 days of the receipt of the prescribed information by the approval authority. The notice of appeal should be filed with the approval authority.

3. Plans and amendments exempt from approval: An applicant requesting an official plan amendment, the Minister, the appropriate approval authority and any person or public bodywho made oral submissions 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. The notice of appeal should be filed with the municipality.

4. Plans and amendments NOT exempt from approval: An applicant requesting an official plan amendment, the Minister and any person or public body who made oral submissions 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. The notice of appeal should be filed with the approval authority.

In your notice of appeal, you must specify if you are appealing all or part(s) of the official plan or amendment. The appeal must be accompanied by written reasons and the fee required by the Ontario Municipal Board. Generally, appeals are not permitted in the following three circumstances:

1. proposed amendments that would alter the boundary of an “area of settlement” or establish a new “area of settlement”
2. proposed amendments that would remove land from an “area of employment”
3. adopted or approved plans and plan amendments that permit second unit residential dwellings, as well as proposed amendments that would revoke or replace policies that permit second unit residential dwellings.

What are the Ontario Municipal Board’s powers relating to appeals?

In cases of appeal, the Ontario Municipal Board will hold a hearing. You will be given the chance to present your case. The Ontario Municipal Board can allow or dismiss your appeal and approve, approve as modified or refuse to approve all or part of the plan or amendment.

The Ontario Municipal Board also has the power to dismiss an appeal without holding a hearing. (See the Ontario Municipal Board, No. 6 in the series.)

Appealing a planning decision to the Ontario Municipal Board is a serious matter. It can take considerable time and effort and in some cases, money, for everyone involved. A hearing may last only a few hours if the matter is quite simple, but for more complicated matters, a hearing can last for several days or even weeks.

The Ontario Municipal Board must have regard to the local decision and make its decision based on the facts presented at a hearing. These should generally be limited to the information and material that were before the municipal council. New information and material can be introduced at a hearing. However, the Ontario Municipal Board may, on its own initiative, or by motion of the municipality or any of the parties, give the council 60 days to reconsider its decision and make a written submission to the Board, if the new information could have materially affected the council’s decision.

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 Ontario Municipal Board may adversely affect a provincial interest. When such action occurs, after the hearing is held and the Board renders a decision, the Lieutenant Governor in Council (the Cabinet) may confirm, vary or rescind the Board’s decision on the matter.

The Ontario Municipal Board also has the discretion to dismiss an appeal if it constitutes an abuse of process, such as repeating the submission of an application that has recently been dealt with by the municipality and/or the Ontario Municipal Board. An appeal can also be dismissed by the Ontario Municipal Board if the application before it is substantially different from that which was before council at the time of council’s decision.

What is an official plan amendment?

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 now 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 revise its official plan not less than every five years from the date the plan came into effect. This ensures the plan is consistent with the Provincial Policy Statement and that it conforms and/or does not conflict with provincial plans, as required. If the plan is not consistent with the Provincial Policy Statement, or does not conform with provincial plans or conflicts with provincial plans, then the plan is expected to be updated. The five-year review is also an opportunity to ensure the official plan continues to address local priorities and changing community needs. In the case of a five-year review, 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.

By submitting an application to council, a person or public body may request that an official plan be amended. Council may refuse to accept an application that fails to provide sufficient information or material as prescribed by Minister’s regulation and/or set down in the municipal official plan. If a council confirms that an application is incomplete, the applicant should provide the needed information. In case of disagreement, the applicant has 30 days to make a motion to the Ontario Municipal Board for a determination on the matter. The Board’s decision is final.

A person or public body that makes oral submissions 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 “What rights of appeal do you have?” section. 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 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 Provincial Policy Statement issued under the Planning Act. (See the section – “What is an official plan?” above.)

How do you 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 talk first to the municipal staff. They can let you know if the change is possible, what problems you might encounter and how you should apply.

When you apply to amend an official plan, you are required to submit information which is prescribed by Minister’s regulation 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 Ontario Municipal Board 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 Ontario Municipal Board for a determination on the matter. The Board’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 180 days after the prescribed and municipally requested information and material is submitted, you may appeal to the Ontario Municipal Board by filing a notice of appeal with the municipality. The municipality must send your appeal with the accompanying materials and the appropriate fee to the Ontario Municipal Board within 15 days of the receipt of your appeal.

What about 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 Northern Ontario, No. 7 in the series.)

The Official Plan Process (Plans exempt from approval)

This flowchart focuses on the basic process – some steps are not shown.

The Official Plan Process (Plans NOT exempt from approval)

This flowchart focuses on the basic process – some steps are not shown.

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Citizens’ Guide 3 – Zoning By-laws PDF (377 KB)

What is a zoning by-law?

A zoning by-law controls the use of land in your community. It states exactly:

• how land may be used
• where buildings and other structures can be located
• the types of buildings that are permitted and how they may be used
• the lot sizes and dimensions, parking requirements, building heights and setbacks from the street.

An official plan sets out your municipality’s general policies for future land use. Zoning by-laws put the plan into effect and provide for its day-to-day administration. They contain specific requirements that are legally enforceable. Construction or new development that doesn’t comply with a zoning by-law is not allowed, and the municipality will refuse to issue a building permit.

Many municipalities have a comprehensive zoning by-law that divides the municipality into different land use zones, with detailed maps. The by-law specifies the permitted uses (e.g. commercial or residential) and the required standards (e.g. building size and location) in each zone.

Some rural municipalities may have a free-standing zoning by-law that covers only specific property that an owner proposes to develop.

Why do you need a zoning by-law?

A zoning by-law:

• implements the objectives and policies of a municipality’s official plan (See Official Plans, No. 2 in the series.)
• provides a legal way of managing land use and future development
• in addition to the official plan, protects you from conflicting and possibly dangerous land uses in your community.

What is a zoning by-law amendment?

If you want to use or develop your property in a way that is not allowed by the zoning by-law, you may apply for a zoning change, also known as a zoning by-law amendment or a rezoning. But council can consider a change only if the new use is allowed by the official plan.

Before you apply for rezoning, you should talk to the municipal staff for advice and information. You must complete an application form which requires information identified by the Minister and the municipality. Most municipalities require that you pay an application fee.

The process for dealing with zoning by-law amendments is the same as for a zoning by-law. If local council refuses your zoning application, or if it does not make a decision within 120 days of the receipt of your application containing the prescribed information, you may appeal to the Ontario Municipal Board.

The Ontario Municipal Board is an independent administrative tribunal that is responsible for hearing appeals and that decides on a variety of contentious municipal matters. (See the Ontario Municipal Board,No. 6 in the series.)

How is a zoning by-law passed?

When council decides to pass a zoning by-law, it must first give as much information as possible to the public. There must also be at least one public meeting before a by-law is passed and everyone who attends the meeting must have a chance to speak. Notice of this meeting is given at least 20 days in advance, either through local newspapers or by mail and posted notice. An open house information session is also required for a by-law being brought into conformity with an official plan which has been updated as part of the official plan’s five-year review update. A municipality is required to update its zoning by-law no less than three years after the approval of an official plan five-year review.

The Planning Act encourages early involvement and the use of mediation techniques to resolve any conflicts. Make sure you make your views known early in the planning process by making an oral submission at the public meeting or a written submission to council before it passes the by-law. If you don’t, you are not entitled to appeal a by-law after it is passed.

Your local council may also consult with interested agencies before it makes a decision. After hearing everyone’s concerns, council may decide to pass, change or reject the proposed by-law. If it decides to make some changes, it may also decide to hold another public meeting.

Once council has passed the by-law, it must give notice of the by-law’s passing within 15 days. Any person or public body that meets certain requirements may, not later than 20 days after the notice of the passing of the by-law is given, appeal to the Ontario Municipal Board by filing a notice of appeal with the municipal clerk. The appeal should set out the objections to the by-law and the reasons in support of the objections. The fee required by the Ontario Municipal Board must be paid at the same time.

How are zoning by-laws evaluated?

When it considers a zoning by-law, the council evaluates it against criteria such as:

• conformity with the official plan and compatibility with adjacent uses of land
• suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created
• adequacy of vehicular access, water supply, sewage disposal
• the risk of flooding.

When council considers a zoning by-law, its decision shall be consistent with the Provincial Policy Statement issued under the Planning Act. The Provincial Policy Statement contains clear, overall policy directions on matters of provincial interest related to land use planning and development. The “shall be consistent with” rule means that a council is obliged to ensure that the policies of the Provincial Policy Statement are applied as an essential part of the land use planning decision-making process. It is expected that the council will implement the Provincial Policy Statement in the context of other planning objectives and local circumstances. (See The Planning Act, No. 1 in the series, and the Provincial Policy Statement, 2005. Both may be obtained by visiting the Ministry website at: ontario.ca/mah or through the government offices listed at the end of this guide.)

How can you get involved?

If you have concerns about a proposed zoning by-law or amendment that may affect you, you should:

• find out as much as possible about the proposed by-law and how it affects your property
• go to any information sessions, including open houses and public meetings, to give your opinions
• discuss the proposal with municipal staff and council members
• make a written submission to council.

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 have said and may make changes before the by-law is passed.

What rights of appeal do you have?

A person or a public body who makes oral submissions at a public meeting or submits written submissions prior to the passing of a zoning by-law or amendment may appeal a council’s decision, with some exceptions (see below).

Appeals to the Ontario Municipal Board can be made in two different ways:

1. The applicant, the Minister and any person or public body who made oral submissions at a public meeting or written submissions before the by-law was passed, may appeal the council’s passage of a zoning by-law to the Ontario Municipal Board within 20 days from the date the notice of the passage of the by-law is given. The notice of appeal should be filed with the municipal clerk.
2. The applicant and the Minister may appeal to the Ontario Municipal Board if the council refuses or fails to act on such a request within 120 days of the receipt of the prescribed information. The notice of appeal should be filed with the municipal clerk.

Your appeal must be accompanied by written reasons and the fee required by the Ontario Municipal Board.

Generally, appeals are not permitted in the following three circumstances:

1. proposed amendments that would implement an alteration to the boundary of an “area of settlement” or the establishment of a new “area of settlement”
2. proposed amendments that would remove land from “an area of employment”
3. by-laws passed to permit a second unit residential dwelling.

What are the Ontario Municipal Board’s powers relating to appeals?

In appeal cases, the Ontario Municipal Board holds a hearing at which you and other affected parties will have an opportunity to present and discuss your views. The Ontario Municipal Board can allow or dismiss your appeal and repeal or amend the by-law.

The Ontario Municipal Board also has the power to dismiss an appeal without holding a hearing. (See the Ontario Municipal Board, No. 6 in the series).

Appealing a local decision to the Ontario Municipal Board is a serious matter. It can take considerable time, effort and in some cases, money, for everyone involved. A hearing may last only a few hours if the matter is quite simple, but for more complicated matters, a hearing can last for several days or even weeks.

The Ontario Municipal Board must have regard to the local decision and make a decision based on the facts presented at a hearing. The facts should generally be limited to the information and material that were before the municipal council whose decision is being appealed. New information and material can be introduced at a hearing. However, the Ontario Municipal Board may, on its own initiative, or by motion of the municipality or any of the parties, give the council 60 days to reconsider its decision and make a written submission to the Board if the new information could have materially affected the council’s decision.

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 Ontario Municipal Board may adversely affect a provincial interest. When such action occurs, after the hearing is held and the Board renders a decision, the Lieutenant Governor in Council (the Cabinet) may confirm, vary or rescind the Board’s decision on the matter.

The Zoning By-law Process

This flowchart focuses on the basic process – some steps are not shown.

The Ontario Municipal Board also has the discretion to dismiss an appeal if it constitutes an abuse of process, such as repeating the submission of an application that has recently been dealt with by the municipality and/or the Ontario Municipal Board. An appeal can also be dismissed by the Ontario Municipal Board if the application before it is substantially different from that which was before a council at the time of its decision.

What if you only need a minor change?

If your proposed change doesn’t conform exactly to the zoning by-law, but follows its general intent, you can apply for a minor variance. For example, you might want to locate something on your property but the shape of your lot won’t let you meet the minimum setback requirements.

To obtain a minor variance, you will have to apply to your local committee of adjustment appointed by council to deal with minor problems in meeting by-law standards. The committee will hold a hearing and decide on your application. Anyone who disagrees with the decision has 20 days to appeal to the Ontario Municipal Board or, if established by the municipality, a local appeal body. The appeal should be filed with the secretary-treasurer of the committee who will tell you who has the authority to hear such appeals in your area. You should set out the reasons supporting the objection and pay the fee required by the Board/local appeal body.

The Ontario Municipal Board or local appeal body has the power to dismiss your appeal without holding a hearing. (See the Ontario Municipal Board, No. 6 in the series.)

The Ontario Municipal Board or local appeal body can allow or dismiss your appeal, or amend the application.

A minor variance does not change a zoning by-law. It simply excuses you from a specific requirement of the by-law and allows you to obtain a building permit.

What other types of zoning by-laws are there?

There are several types of special by-laws that can be used to control land use:

Holding by-laws allow future uses for land or buildings but delay development until, for example, local services, such as roads, are in place. Your municipality cannot use these by-laws unless it has holding policies in its official plan.

Interim control by-laws put a temporary freeze on some land uses while the municipality is studying or reviewing its policies. The freeze can be imposed for only a year, with a maximum extension of another year. The Planning Act provides that an interim control by-law would remain in effect past the two-year period if the new zoning by-law which replaces the interim control by-law is appealed to the Ontario Municipal Board. The new by-law does not become law until the Ontario Municipal Board hears the appeal and makes a decision.

Temporary use by-laws zone land or buildings for specific uses for a maximum period of three years at a time, with more extensions possible. When the temporary use of a garden suite (i.e. a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing structure and that is designed to be portable) is authorized, the temporary by-law may allow it for a period not exceeding 10 years, with more extensions possible.

Increased height and density by-laws allow buildings to exceed permitted standards, but only if the developer provides certain services to your community in return, such as parkland. Your municipality cannot use these by-laws unless its official plan includes policies allowing increases in height and density.

What are site plan control by-laws?

Site plan control by-laws are not zoning by-laws. They are used to establish areas where site plan control will be applied over and above those set out in the zoning by-laws. These areas must be described in the official plan.

Site plan controls are used to ensure that:

• developments are built and maintained in the way that council approved
• new developments meet certain standards of quality and appearance
• there is safe and easy access for pedestrians and vehicles
• the appearance and design features of buildings, and their sustainable design, are satisfactory
• there is adequate landscaping, parking and drainage
• nearby properties are protected from incompatible development.

As a condition of site plan approval, municipalities may require the owner to provide land for road widening and public transit rights-of-way. Before municipalities can exercise this power, the road widening and public transit rights-of-way must be shown or described in the official plan.

What is a Minister’s zoning order?

The Planning Act gives the Minister of Municipal Affairs and Housing the authority to zone any property in the province. Zoning orders are rarely used where municipalities have existing zoning by-laws, but can be used to protect a provincial interest.

Zoning orders are used mostly in areas of northern Ontario where there is no local municipality or local zoning by-law. Once a Minister’s zoning order is in place, the Minister can either delegate the administration of the order to the local planning board or deem it to be the local by-law, in which case the planning board would have all the powers to pass by-laws to make any changes. (See Northern Ontario,No. 7 in the series.)

What other approvals may be required?

In addition to the planning approvals and building permit which are needed for a building project, there are other permits and approvals required in specific circumstances. For example, a septic tank permit is required for a new septic system. In cottage areas, a permit may be required from the Ministry of Natural Resources before you can do any construction in the water (for example, a dock or boathouse with a solid foundation).

How can you find out more?

For more information about land use planning in your community contact your municipal clerk or planning department. For more information about land use planning in Ontario, or how to obtain copies of Citizens’ Guides contact your nearest Municipal Services Office (MSO):

Central Municipal Services Office
777 Bay Street, 2nd Floor
Toronto ON M5G 2E5
General Inquiry: 416-585-6226
Toll Free: 800-668-0230

Western Municipal Services Office
659 Exeter Road, 2nd Floor
London ON N6E 1L3
General Inquiry: 519-873-4020
Toll Free: 800-265-4736

Eastern Municipal Services Office
8 Estate Lane, Rockwood House
Kingston ON K7M 9A8
General Inquiry: 613-545-2100
(Frontenac, Leeds & Grenville, Lennox & Addington)
Toll Free: 800-267-9438
(Ottawa, Prescott-Russell, Prince Edward, Stormont, Dundas/Glengarry, Kawartha Lakes, Renfrew, Peterborough, Haliburton, Hastings, Lanark, Northumberland)

Northwestern Municipal Services Office
435 James Street South, Suite 223
Thunder Bay ON P7E 6S7
General Inquiry: 807-475-1651
Toll Free: 800-465-5027
(Thunder Bay, Kenora, Rainy River)

Northeastern Municipal Services Office
159 Cedar Street, Suite 401
Sudbury ON P3E 6A5
General Inquiry: 705-564-0120
Toll Free: 800-461-1193
(Cochrane, Algoma, Manitoulin, Sudbury, Parry Sound, Nipissing, Timiskaming)

For More Information
Ministry of Municipal Affairs and Housing

Provincial Planning Policy Branch (416) 585-6014

A hard copy of this publication can be ordered:

Online at serviceontario.ca/publications

By phone through the ServiceOntario Contact Centre
Monday to Friday, 8:30 AM to 5:00 PM

416-326-5300
416-325-3408 (TTY)
1-800-668-9938 Toll-free across Canada
1-800-268-7095 TTY Toll-free across Ontario

Produced by the Ministry of Municipal Affairs and Housing, Provincial Planning Policy Branch

ISBN 978-1-4249-7134-3 (PDF)
ISBN 978-1-4249-7132-9 (Print)
ISBN 978-1-4249-7133-6 (HTML)

Citizens’ Guide 4 – Subdivisions PDF (333 KB)

What is a subdivision?

When you divide a piece of land into two or more parcels and offer one or more for sale, you are subdividing property, and the provisions of the Planning Act come into play.

If your proposal involves creating only a lot or two, you may seek approval for a “land severance”. For more details, see Land Severances, No. 5 in the series.

The other means of subdividing land is to obtain approval of a plan of subdivision from the approval authority. This could be the Minister of Municipal Affairs and Housing or a municipality. The authority to approve plans of subdivision can also be delegated to planning boards, municipal planning authorities, committees of council or appointed officers.

Subdivision approval ensures that:

• the land is suitable for its proposed new use
• the proposal conforms to the official plan and zoning in your community, as well as to provincial legislation and policies
• you, your neighbours and your community are protected from developments which are inappropriate or may put an undue strain on community facilities, services or finances.

Problems can result when large tracts of land are split into building lots without the benefit of a formal approval process. People have found out, usually too late, that the lots they have purchased are not on a registered plan. It may be that the water supply is unusable or the access road is not plowed or maintained. Other purchasers have found out that the ownership or title to their property is doubtful, making it difficult to sell.

Who is the approval authority for plans of subdivision?

The councils of some upper-tier, lower-tier and single-tier municipalities are the approval authorities for draft plans of subdivision. Upper-tier municipalities may further delegate the authority to approve plans of subdivision to their lower-tier municipalities. Municipalities may also delegate the authority to committees of council or appointed officers.

In all other areas, the Minister is the approval authority but may delegate the authority to approve plans of subdivision to municipalities, municipal planning authorities, or planning boards in northern Ontario.

To determine who approves plans of subdivision in your area, contact your municipal or planning board office.

What is a registered plan of subdivision?

A registered plan of subdivision is a legal document that shows:

• the exact surveyed boundaries and dimensions of lots on which houses or buildings are to be built
• the location, width and names of streets
• the sites of any schools or parks.

The plan does not show specific building locations; the rules for locating buildings are set out in the zoning by-law and shown on plans as part of site plan approval. (See Zoning By-Laws, No. 3 in the series.)

The plan of subdivision must be:

• surveyed by an Ontario land surveyor
• in general conformity with the municipal official plan and with any county, regional or district plan as well as provincial policies
• approved by the proper authority
• registered in the local land registry system.

A registered plan of subdivision creates new, separate parcels of land and can be legally used for the sale of lots. It should not be confused with “compiled plans” or “reference plans” which are used simply to describe parcels of land.

What is the process for subdividing?

If you are thinking about subdividing your property, discuss your proposal first with local Ministry, municipal, planning board or municipal planning area staff. They can tell you what information, including any special studies, you will need to provide and whether the local official plan and/or zoning by-law provide for your subdivision to be allowed or if further review as to its suitability is necessary.

Subdivision applications are made to the approval authority. This could be the Minister of Municipal Affairs and Housing, a municipality, a municipal planning authority or a planning board. You may be charged a fee for processing the application. To find out what the processing fee is in your area, contact the appropriate approval authority. Ministry, municipal, planning board or municipal planning area staff will tell you about the approval authority in your area.

As an applicant, you are required to fill out a subdivision application form provided by the approval authority.

A typical application form contains both the information identified by Minister’s regulation as well as other information required by the municipality. The more information provided, the less likely delays will occur in the review.

The approval authority may refuse to accept an incomplete application. If an approval authority confirms that an application is incomplete and you, the applicant, disagree with the decision, you have 30 days to make a motion to the Ontario Municipal Board for a determination on the matter. The Board’s decision is final.

You should be aware that if you do not provide all the information identified by Minister’s regulation and the municipality’s official plan, the approval authority may refuse to accept or consider your application. The 180-day time frame for making a decision also does not start. When all the identified and, if applicable, additional information is received, then the 180-day time frame begins. You are encouraged to contact the appropriate approval authority if you need help in assessing what information is required.

The approval authority, or in some cases the municipality in which the proposal is located, must give notice of the application and hold a public meeting before a decision is made. Notice of the public meeting is given at least 14 days in advance, either through local newspapers or by mail and posted notice. Anyone present at the meeting has a right to speak about the proposal.

The approval authority may consult with agencies, boards, authorities or commissions before making a decision.

How are applications for subdivision evaluated?

In considering a plan of subdivision, the approval authority evaluates the merits of the proposal against criteria such as:

• conformity with the official plan and compatibility with adjacent uses of land
• compliance with local zoning by-laws
• suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created
• adequacy of vehicular access, water supply, sewage disposal
• the need to ensure protection from potential flooding.

In deciding on the application, the approval authority shall be consistent with the Provincial Policy Statement.

The Provincial Policy Statement contains clear, overall policy directions on matters of provincial interest related to land use planning and development. The “shall be consistent with” rule means that a council is obliged to ensure that the policies of the Provincial Policy Statement are applied as an essential part of the land use planning decision-making process. It is expected that the approval authority will implement the Provincial Policy Statement in the context of other planning objectives and local circumstances.

(See The Planning Act, No. 1 in the series, and the Provincial Policy Statement, 2005. Both may be obtained by visiting the Ministry website at: ontario.ca/mah or through the government offices listed at the end of this guide.)

What is a draft approval?

Having considered your application, the approval authority may either “draft approve” or refuse your subdivision proposal.

The approval authority must provide a written notice of its decision within 15 days of its decision to the applicant and each person or public body that requested to be notified. When a notice of decision is given, a 20-day appeal period follows.

If your application is draft approved, you will be advised of the conditions that need to be met to obtain final approval and registration. Conditions of draft approval may include: road widenings, the naming of streets, parkland requirements, rezoning of the area to reflect the new uses in the subdivision, and any other municipal requirements. In addition, the draft approval may also establish a time frame within which the conditions must be satisfied or the draft approval lapses.

In most cases, the developer may be required to sign a subdivision agreement with the municipality or planning board to ensure that certain services such as sidewalks and roads are provided after the plan has been registered.

Draft approval amounts to a commitment to go ahead with the subdivision, once all the conditions of draft approval have been met. Lots may be offered for sale after draft approval, but can be sold only after the plan of subdivision has been registered.

How can you get involved?

If you are concerned about a draft plan of subdivision that may affect you:

• find out as much as possible about the draft plan
• go to the public meeting and give your opinions
• discuss your concerns with the approval authority
• write the approval authority.

Your opinions should be clearly expressed to the approval authority by making an oral submission at the public meeting and/or a written submission to the approval authority before a draft plan of subdivision is approved. Failure to make a submission means that you do not qualify to appeal the draft subdivision plan approval. In addition, you should also make a written request if you want to be notified of any change to the conditions attached to a draft approval and to protect your appeal rights.

If you have any concerns, you should make sure that you let the approval authority know about them early in the process. The approval authority will then have time to think about what you said and may make changes before the draft plan of subdivision is approved.

What rights of appeal do you have?

Appeals to the Ontario Municipal Board can be made in four different ways:

1. The applicant may appeal if no decision is made within 180 days from the date of receipt by the approval authority of the application containing the prescribed information and, if applicable, any additional information required by the municipality under its official plan.
2. The applicant, the Minister, the municipality or planning board in which the proposed subdivision is located and any person or public body that meets certain requirements, may appeal an approval authority’s decision, or any of the conditions of the draft approval or the lapsing provision within 20 days of the notice of decision.
3. The applicant, the Minister, the municipality or planning board in which the proposed subdivision is located, and any public body that meets certain requirements, may appeal conditions of approval at any time before final approval is granted.
4. The applicant, the Minister, the municipality or planning board in which the proposed subdivision is located and any person or public body that meets certain requirements, may appeal any changed conditions imposed by the approval authority.

Appeals must be filed with the approval authority accompanied by reasons for the appeal and the fee required by the Ontario Municipal Board. Contact the approval authority for more information.

The Ontario Municipal Board is an independent administrative tribunal responsible for hearing appeals and deciding on a variety of contentious municipal matters. (See the Ontario Municipal Board, No. 6 in the series.)

What are the powers of the Ontario Municipal Board?

A person or a public body that makes an oral submission at a public meeting, or submits a written submission prior to the approval of a draft plan of subdivision, may appeal an approval authority’s decision.

When a decision is appealed, the Ontario Municipal Board will hold a hearing where you will have the chance to present your case. The Ontario Municipal Board can make any decision that the approval authority could have made on the application.

The Ontario Municipal Board also has the power to dismiss an appeal without holding a hearing. (See the Ontario Municipal Board, No. 6 in the series.)

Appealing a decision to the Ontario Municipal Board is a serious matter. It can take considerable time, effort and in some cases, money, for everyone involved. A hearing may last for a few hours if the matter is quite simple, but for more complicated matters a hearing can last for several days or even weeks.

The Ontario Municipal Board must have regard to the local decision and make its decision based on the facts presented at a hearing. The decision should generally be limited to the information and material that were before the approval authority whose decision is appealed. New information and material can be introduced at a hearing. However, the Ontario Municipal Board may, on its own initiative or by motion of any of the parties, give the approval authority 60 days to reconsider its decision and make a written submission if the new information could have materially affected the approval authority’s decision.

The Ontario Municipal Board also has the discretion to dismiss an appeal if it constitutes an abuse of process, such as repeating the submission of an application that has recently been dealt with by the municipality and/or the Ontario Municipal Board. An appeal can also be dismissed by the Ontario Municipal Board if the application before it is substantially different from that which was before a council at the time of its decision.

When can a subdivision be registered?

When all conditions of the draft approval have been met, final approval is given and the plan of subdivision is registered in the provincial land titles or registry system. The developer may then go ahead with the sale of lots in the subdivision.

You should be aware that considerable time may pass between draft approval and actual registration of the plan. However, the approval authority has the power to provide that draft approval will lapse after three years. It also has the power to give a further extension of draft approval.

When must services be provided?

Although many services for new subdivisions are not provided until well after registration, most municipalities insist that they be in place before occupants move into their new home. The applicant may be required to sign a detailed subdivision agreement, which is sometimes registered on the title of the property and legally binds future owners to its conditions.

Are condominiums a form of subdivision?

Yes. Condominiums are a form of property ownership in which title to a unit, such as an individual apartment in a high-rise building, is held by an individual together with a share of the rest of the property, which is common to all of the owners.

Condominiums can involve a brand new development, or an existing rental project which is converted to condominium ownership. They can apply to any type of residential building as well as commercial and industrial areas.

A condominium plan is like a plan of subdivision in that it is a way of dividing property. Similarly, plans of condominium must be approved, or in some cases granted an exemption from approval, by an approval authority.

Some applications for approval of condominium descriptions are not subject to the requirements of giving notice of application and holding a public meeting. Vacant land or common elements condominium are subject to notification requirements. Regardless of the type of condominium proposed, the approval authority is still required to give a notice of a decision to approve a condominium description. The 20-day appeal period following the notice of decision applies.

The Subdivision Process

This flowchart focuses on th

Land Severances

Citizens’ Guide 5 – Land Severances PDF (270 KB)

What is a land severance?

A land severance is the authorized separation of a piece of land to form a new lot or a new parcel of land. This is commonly known as a consent. It is required, if you want to sell, mortgage, charge or enter into any agreement (at least 21 years) for a portion of your land. If the two parts are split already, by a road or railway for example, consent is not needed.

Most municipalities with an approved official plan have specific policies and requirements for land severance. In addition to the division of land, rights-of-way, easements and any change to your existing property boundaries also require land severance approval.

If several severances are intended in the same area, a plan of subdivision may be more appropriate. It is up to the consent-granting authority in your area to decide whether a consent is the best approach or if a plan of subdivision is necessary for the proper and orderly development of your community. (See Subdivisions, No. 4 in the series.)

Why do I need approval to sever my land?

The indiscriminate division of land without anyone’s approval could have a long-term, negative impact on your community. For example, it could result in over-extension of municipal services, such as snow plowing, school busing and garbage collection. Or it might result in damage to the natural environment, because lots are too small to accommodate adequate sewage disposal systems.

Official approval is required to ensure that:

• land severances are considered within an established community planning framework
• new lots and new land uses do not conflict with the overall future planning goals and policies of your community
• consideration is given to the effects of the division of land on the site, on the neighbours and on the community as a whole.

Once a severance has been approved, the new land parcels may be sold or resold without further approval. The only exception is if the consent-granting authority has specified that this should not occur without further approval.

Where do I go for a land severance?

The approval of severances can rest with one of a number of different governing bodies. Depending on the area, the granting of consents may be carried out by an upper-tier or single-tier municipal council. An upper-tier may then delegate the function to a committee of council or an appointed officer. Alternatively, it may delegate the authority to a lower-tier municipality, a land division committee or to a municipal planning authority. A single or lower-tier municipality may also use a by-law to delegate its approval functions to a committee of council, an appointed officer or to a committee of adjustment. In northern Ontario, where planning approval has not been assigned or delegated to a municipality or planning board, the Minister of Municipal Affairs and Housing grants consents (See Northern Ontario, No. 7 in the series.)

To determine the consent-granting authority in your area, contact either your municipal clerk, the secretary-treasurer of the planning board or the Ministry of Municipal Affairs and Housing.

What is the process for a severance application?

Before you apply for a land severance, you should consult with municipal staff and/or the consent-granting authority in your area. They will be able to tell you how to apply, what supporting material you must submit (e.g. sketches, plans), if there are any special land severance requirements set out in the official plan and what other permits and approvals (e.g. a septic system permit) may be required.

The consent-granting authority may not accept an application that fails to provide the information or material prescribed by Minister’s regulation and, in some cases, the information set down in the municipal official plan. If a consent-granting authority confirms that an application is incomplete, the applicant may make a motion to the Ontario Municipal Board for a determination of the matter.

The Board’s decision is final. However, in such situations, you are strongly encouraged to work out a mutually acceptable solution with the consent granting authority before making a motion to the Ontario Municipal Board.

When applying for a land severance, you may be charged a fee for processing the application. To determine the processing fee in your area, contact the appropriate consent-granting authority.

As an applicant, you are usually required to fill out a consent application form provided by the consent-granting authority.

A typical application form contains both the information which is prescribed by Minister’s regulation as well as additional information which the consent-granting authority may require. The more information provided, the less likely delays will occur in the review process.

If you do not provide all the information prescribed by Minister’s regulation and in some cases, information or material set down in the municipal official plan, the consent-granting authority may refuse to accept or to further consider your application. Also, the 90-day time frame for making a decision does not begin until all the required information is received. You are encouraged to contact the appropriate consent-granting authority if you need help in assessing what information is required.

The consent-granting authority must give notice of application before a decision is made. Notice of application is given at least 14 days in advance of a decision by the consent-granting authority, either through local newspapers or by mail and posted notice. Any person or public body may submit his or her views to the consent-granting authority.

The consent-granting authority may consult with agencies, boards, authorities or commissions before making a decision.

When the consent-granting authority has decided on your application, it is required to send a notice of decision to any person or public body requesting to be notified within 15 days of the decision being made. When a notice of decision is given, a 20-day appeal period follows.

How is the severance application evaluated?

In considering each application for land severance, the consent-granting authority evaluates the merits of each proposal against criteria such as:

• conformity with the official plan and compatibility with adjacent uses of land
• compliance with local zoning by-laws
• suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created
• adequacy of vehicular access, water supply, sewage disposal
• the need to ensure protection from potential flooding.

In considering a consent application, the consent-granting authority’s decision shall be consistent with the Provincial Policy Statement.

The Provincial Policy Statement contains clear, overall policy directions on matters of provincial interest related to land use planning and development. The “shall be consistent with” rule means that a council is obliged to ensure that the policies of the Provincial Policy Statement are applied as an essential part of the land use planning decision-making process. It is expected that the consent-granting authority will implement the Provincial Policy Statement in the context of other planning objectives and local circumstances. (See The Planning Act, No. 1 in the series, and the Provincial Policy Statement, 2005. Both may be obtained through the government offices listed at the end of this guide or by visiting the Ministry website at: ontario.ca/mah).

What about conditions of severance approval?

A severance approval may have certain conditions attached to it including requirements for road widenings, parkland dedication, or a rezoning (or minor variance) to allow a new land use. In addition, the property owner may be required to enter into an agreement with the municipality to provide future services or facilities. Severance conditions must be met within one year.

When all the conditions have been met by the applicant, a certificate is issued by the authority, and the severance goes into effect after it has been registered in the land registry office.

If the transaction originally applied for – sale of property, for example – is not carried out within two years of the date of the certificate, the severance is considered lapsed. An earlier lapsing date can be specified by the consent-granting authority at the time of the severance decision.

How can you get involved?

If you are concerned about a severance application that may affect you, you should:

• find out as much as possible about the application
• discuss your concerns with the consent-granting authority
• write the consent-granting authority.

If you have any concerns, you should make sure that you let council know about them early in the process. The consent-granting authority will then have time to think about what you said and may make changes before the land severance is approved.

What rights of appeal do you have?

Appeals to the Ontario Municipal Board, or a Local Appeal Body if established by the municipality, can be made in three different ways:

1. Any person or public body may appeal a consent-granting authority’s decision and any condition within 20 days of the notice of decision.
2. The applicant may appeal if no decision is made by the consent-granting authority within 90 days from the date of receipt of the application containing the prescribed information.
3. Any person or public body may appeal any changed conditions imposed by the consent-granting authority within 20 days after the notice of changed conditions has been given.

Appeals must be filed with the consent-granting authority, accompanied by reasons for the appeal and the fee required by the Ontario Municipal Board or Local Appeal Body.

What are the powers of the Ontario Municipal Board and Local Appeal Body?

When a decision is appealed, the Ontario Municipal Board or Local Appeal Body will hold a hearing where you will have the chance to present your case. They can make any decision that the consent-granting authority could have made on the application.

The Ontario Municipal Board or Local Appeal Body also has the power to dismiss an appeal without holding a hearing. For more information, see the Ontario Municipal Board, No. 6 in the series.

Appealing a planning decision is a serious matter. It can take considerable time, effort and in some cases, money, for everyone involved. A hearing may last only a few hours if the matter is quite simple, but for more complicated matters, a hearing can last for several days or even weeks.

The Ontario Municipal Board or Local Appeal Body must have regard to the local decision and make a decision based on the facts presented at a hearing.

What other approvals may be required?

In addition to the planning approvals and building permit which are needed for a building project, there are other permits and approvals required for specific circumstances. For example, a septic system permit is required for a new septic system. In cottage areas, a permit may be required from the Ministry of Natural Resources before you can do any construction in the water (for example, a dock or boathouse with a solid foundation).

The Land Severance Process

This flowchart focuses on the basic process – some steps are not shown.

Ontario Municipal Board

ario Municipal Board PDF (492 KB)

What is the Ontario Municipal Board?

The Ontario Municipal Board is an independent administrative tribunal responsible for hearing appeals and deciding on a variety of contentious municipal matters.

The Ontario Municipal Board is similar to a court of law, but with less formality. Board members are appointed by the Ontario Cabinet and include lawyers, accountants, architects, planners and public administrators. The Ontario Municipal Board operates under the Ontario Municipal Board Act, as well as its own rules of practice and procedure. It reports administratively to the Ministry of the Attorney General.

This guide focuses on the Ontario Municipal Board’s role in dealing with land use planning matters under the Planning Act. Its main role in community planning is to hold public hearings on:

• land use planning applications, such as subdivisions, land severances and minor variances
• planning documents and applications, such as official plans and zoning by-laws.

Why is there an Ontario Municipal Board?

People don’t always agree on how their communities should grow in the future. Disputes often arise over general land use planning issues, such as where industrial development should be located or what types of municipal services should be provided in the community.

When people are unable to resolve their differences on community planning issues, or have disputes with their municipal council that can’t be settled, the Ontario Municipal Board provides that needed public forum. It can assemble the facts and make decisions in light of:

• environmental, social and economic considerations
• provincial interests
• rights of the individual citizens
• the best interests of the community as a whole.

Why should you participate in the land use planning process?

People can effectively express their individual or group interest in a planning matter by participating early in the process. This is important because it offers an opportunity for information exchange, especially if there are conflicting perspectives. Municipal councils will attempt to deal with concerns or disputes before making decisions on planning matters.

Alternative dispute resolution techniques can be used by a municipal council in resolving the matter locally and avoiding a hearing at the Ontario Municipal Board.

It should be noted that failure to let your views be known, either by oral presentation at a public meeting or by written submission prior to council’s decision on the application for official plans, zoning by-laws, or plans of subdivision, means that you do not qualify to appeal such matters to the Ontario Municipal Board.

While some planning matters, such as consent or minor variance applications, do not specifically require that you participate in the process to appeal, the Ontario Municipal Board has the power to dismiss an appeal without holding a hearing if the person or public body that launches an appeal has not made oral and/or written submissions before municipal council makes a decision. Consent and minor variance appeals may not always be dealt with by the Ontario Municipal Board. Instead, municipalities that meet certain minimum requirements may establish their own appeal board, called a “local appeal body”, to hear consent and/or minor variance appeals. Contact your municipal clerk to determine the consent and minor variance appeal body for your area.

How do you appeal to the Ontario Municipal Board?

If you are considering appealing a planning matter to the Ontario Municipal Board, you should be aware of certain requirements and limitations:

• To protect your appeal rights, you should – with respect to official plans, zoning by-laws or plans of subdivision – ensure that you make your views known by making an oral presentation at a public meeting or a written submission to the council/planning board or approval authority which gives the notice of decision.
• Generally, there are no appeals if the matter relates to:

1. proposed amendments to alter the boundary of an “area of settlement” or establish a new “area of settlement”
2. proposed amendments that would remove land from an “area of employment”
3. policies adopted to permit second unit residential dwellings.

• Appeals must be made within the time frame allowed. In most cases, appeals must be made no later than 20 days after the day the council/planning board or approval authority gives its notice of decision on the planning proposal.
• Your appeal to the Ontario Municipal Board should be made to the council/planning board or approval authority which gives the notice of decision. In most cases, they are required to send your appeal to the Ontario Municipal Board within 15 days after the appeal period expires.
• You should cite the portion of the decision you are appealing. For example, in an appeal of a zoning by-law or official plan matter, you should specify whether you are appealing part of or all of the zoning by-law or official plan; in an appeal of a draft plan of subdivision, you should specify whether you are appealing the decision, a particular condition or all of the draft approval conditions and/or the lapsing provision.
• Written reasons for your appeal must be provided.
• The appeal fee required by the Ontario Municipal Board under the Ontario Municipal Board Act must be provided. For more information on the Ontario Municipal Board fee schedule, contact your municipal clerk, the approval authority or the Ontario Municipal Board.

To find out more about the specific appeal process for each type of planning application, see the guides to Official Plans, Zoning by-laws, Subdivisions, and Land Severances, Nos. 2, 3, 4 and 5 of the series. Discuss your plan to appeal with the municipal clerk or local planning office.

How will you be informed about an Ontario Municipal Board hearing?

Written notice of a public hearing must be given in advance, usually through local newspapers or by mail. Depending on the type of application, the Ontario Municipal Board will give notice itself or will require that the person initiating the appeal or the municipality provide notice, subject to the Ontario Municipal Board’s directions. For most planning applications, notice is sent out at least 35 days in advance of the hearing. However, in cases involving appeals against a municipal council’s refusal of an official plan amendment or rezoning application, a 60-day notice is usually required. While the scope and method of notice has been standardized by the Ontario Municipal Board, the Board may direct more or less notice of a particular proceeding if it feels this is appropriate. Usually notice is given by mailing directly to those affected, although for some hearings, where there is significant public interest, notice may be published in a general newspaper.

What are the alternative ways that the Ontario Municipal Board may use to deal with appeals?

The Ontario Municipal Board has been exploring various ways of improving its effectiveness and efficiency by introducing alternatives to full public hearings. Also, it has new procedures and formats for conducting hearings. In this way, people may avoid or reduce the expense and formality involved in a formal hearing.

Some of the Ontario Municipal Board’s practices are:

• Telephone conferencing. This is used where appropriate, for example, to deal with procedural matters that arise.
• Mediation. This is used to bring together parties in dispute to see if they can settle the matter with the guidance of a mediator. Usually, mediation takes place within three months of the receipt of the appeal. It is often done through telephone conferencing. If not completely successful, a shortened hearing is scheduled.

Mediation is a valuable process because:

• an impartial person (mediator) helps disputing parties try to reach a voluntary, mutually acceptable resolution on some or all of the issues of their dispute.
• it can take place at any time, before or during a pre-hearing or hearing. It may replace a hearing if the parties come to an agreement.
• at the mediation meeting, the Ontario Municipal Board member(s) will advise parties how the mediation will proceed and will set out the ground rules. The member guiding the mediation will help make discussion of the issues easier and may offer innovative solutions. All documents and anything said in the mediation are confidential. Unlike a hearing, a mediation meeting does not include the public.
• Ontario Municipal Board members are bound by the Code of Conduct for Ontario Municipal Board Mediators to guide their conduct and promote confidence in mediation as a process for resolving disputes.
• Pre-hearing conferences are held in advance of a full hearing to better organize complicated hearings, to shorten the hearing time required and to make hearings more efficient by:
  • identifying the parties and participants
  • narrowing the issues
  • establishing the rules for pre-filing of documents
  • setting out the order and presentation of evidence.

How is a formal Ontario Municipal Board hearing conducted?

First, documents, data and relevant information are sent to the Ontario Municipal Board by the municipality, approval authority or planning board, and made available for public review in advance of the hearing.

Next, the hearing date is scheduled in a location that is easily accessible to local citizens, such as a municipal office or community centre.

The hearings are conducted by one or more appointed members of the Ontario Municipal Board and are similar to a court of law. Hearings usually follow a set pattern of courtroom practice according to the rules of natural justice. If the hearing is complex, it may involve lawyers, many witnesses and lengthy representations.

In addition to local residents and concerned citizens, expert witnesses in land use planning and other disciplines are often called on to testify about the specifics of a contentious application. All witnesses are placed under oath or affirmed, but Ontario Municipal Board members go out of their way to put local residents at ease by treating them in a relatively informal manner.

A hearing can be as brief as a couple of hours if it involves few witnesses and only one or two planning issues. But in more complex situations, the hearing could last several days, sometimes several weeks.

What role do ratepayers’ groups play?

The Ontario Municipal Board carefully considers comments made by the ratepayers’ groups. When they represent themselves as “community spokespersons”, the Ontario Municipal Board usually tries to find out how representative they are.

A community association or ratepayers’ group does not need to be incorporated to be added as a party. However, it needs to be incorporated if it wants to file an appeal in the name of the group. If your group has not been incorporated, a notice of appeal may be made in the name of an individual who is a member of the association or the group on its behalf.

What costs are involved in an Ontario Municipal Board hearing?

The Ontario Municipal Board charges a filing fee for certain kinds of appeals. Contact your municipal clerk, the approval authority or the Ontario Municipal Board for the fee schedule. In addition, the Ontario Municipal Board may also award costs at the end of the hearing. This depends on the circumstances of the dispute or when, for example, the appellant fails to appear at the hearing.

Do you need a lawyer?

If you intend to launch an appeal, you should be well prepared for your hearing and ready to present detailed information in support of your views. Depending on the complexity of the issue, you may wish to hire a lawyer to represent you.

Lawyers and representatives question the witnesses and make statements and arguments based on the evidence presented. You do not have to be represented by a lawyer or representative but most municipalities and people making appeals do.

If you don’t hire a lawyer or representative, you will have to:

• obtain the documents you need to present your case
• make copies for all parties (except of public documents like official plans)
• present relevant facts (evidence) clearly and logically to prove your case and convince the Ontario Municipal Board at the hearing.

What are the powers of the Ontario Municipal Board?

When a matter is appealed to the Ontario Municipal Board, the Board takes the place of the approval authority and can make any decision that the approval authority could have made. For example, if an official plan amendment is being considered, the Board takes the place of the approval authority and can approve, change or refuse the amendment.

After the hearing has been held, the Ontario Municipal Board may either implement its decision directly, or order the usual approval authority to do so.

The Ontario Municipal Board has expanded powers to dismiss an appeal without a hearing based on a number of grounds which, depending on the matter appealed, can include:

• appeal is not based on any apparent land use planning grounds
• appeal is not made in good faith or is frivolous or vexatious, or is made only for the purpose of delay
• appeal constitutes an abuse of process, such as repeating the submission of an application that has recently been dealt with
• appeal is substantially different from that which was before council at the time of its decision
• appellant did not make oral submissions at a public meeting or provide written submissions to the municipal council/approval authority before a decision was made
• appellant has not provided written reasons for the appeal
• appellant has not paid the fee required by the Ontario Municipal Board
• appellant did not respond to the Ontario Municipal Board’s request for further information within the time specified by the Ontario Municipal Board.

Can you contact the Ontario Municipal Board directly?

Yes. The Ontario Municipal Board has opened a Citizen Liaison Office to provide information and assistance to the public regarding the processes and to provide information on how to participate at Ontario Municipal Board hearings.

The Ontario Municipal Board’s Citizen Liaison Officer will be glad to answer any questions about appeals and hearings. Call (416) 326-6800 or toll free 1-866-887-8820. You may also write the Ontario Municipal Board at 655 Bay Street, 15th Floor, Toronto, ON M5G 1E5.

How can you find out more?

For more information about land use planning in your community contact your municipal clerk or planning department. For more information about land use planning in Ontario, or how to obtain copies of Citizens’ Guides contact your nearest Municipal Services Office (MSO).

For More Information
Ministry of Municipal Affairs and Housing
Provincial Planning Policy Branch (416) 585-6014

A hard copy of this publication can be ordered:

Online at serviceontario.ca/publications

By phone through the ServiceOntario Contact Centre
Monday to Friday, 8:30 AM to 5:00 PM

416-326-5300
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Produced by the Ministry of Municipal Affairs and Housing, Provincial Planning Policy Branch

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The Plan Review and Approval Process

Citizens’ Guide 9 – The Plan Review and Approval Process PDF, (145K)

Who is the approval authority?

Traditionally, the approval authority for land use planning has been the Minister of Municipal Affairs and Housing and, in some cases, a municipality. To support increased local autonomy in land use planning, the province has transferred approval authority to municipal councils, municipal planning authorities and planning boards, where possible.

This delegation or assignment of approval authority allows the province to concentrate on policy development and advocacy in land use planning.

The Ministry of Municipal Affairs and Housing has prepared a table that summarizes where planning authority resides in Ontario. For a copy of the table, you can go to the Ministry’s website at:ontario.ca/mah.

Where the province remains the approval authority, a one window planning service for provincial input, review, approval and appeal of planning applications is in place.

The provincial One Window Planning Service is the process whereby the Ministry of Municipal Affairs and Housing provides municipalities, municipal planning authorities, planning boards, developers and the public with one-stop access for provincial planning services.

This one window approach provides a single provincial position which integrates the perspective of several ministries: Environment; Natural Resources; Transportation; Culture; Agriculture, Food and Rural Affairs; Northern Development, Mines and Forestry; and Energy and Infrastructure.

What is municipal plan review?

Municipal plan review is the process of making decisions on planning applications where the municipality or planning board is the approval authority. The province does not generally review and comment on planning applications under municipal plan review unless requested to do so.

Many municipalities and planning boards have the responsibility for making decisions on planning applications. In some instances, municipal council may delegate the approval authority to a committee of council or senior staff.

When a municipality, municipal planning authority or planning board is the approval authority, it must ensure that provincial interests are integrated in its consideration of local planning interests.

How are provincial interests protected?

The Provincial Policy Statement which came into effect March 1, 2005, contains clear, overall policy directions on matters of provincial interest related to land use planning and development. When decision-makers exercise any authority that affects a planning matter, the Planning Act requires that they “shall be consistent with” the Provincial Policy Statement. This means that a decision-maker is obliged to ensure that the policies in the Provincial Policy Statement are applied as an essential part of the land use planning decision-making process. Refer to Citizens’ Guide No. 1, The Planning Act, for an explanation of the Provincial Policy Statement and Section 2 of The Planning Act for a list of provincial interests.

The province shares land use data and technical information with the municipalities, municipal planning authorities and planning boards. This information sharing and related training is an ongoing process that assists approval authorities in fulfilling their role under municipal plan review, including protecting provincial interests.

Appeals to the Ontario Municipal Board

Decisions of an approval authority on a planning application can generally be appealed to the Ontario Municipal Board by any person or public body that has made an oral submission at the public meeting or made a written submission to the approval authority before it makes a decision. If they have not, then they cannot appeal in most cases. In the case of appeals, the approval authority must then forward the application to the OMB for a hearing. Specific information regarding the appeal process is provided in Citizens’ Guide No. 6, Ontario Municipal Board.

The Ministry of Municipal Affairs and Housing is the only provincial ministry that can file appeals to the OMB unless the Minister of Municipal Affairs and Housing has, by regulation, added a specific provincial ministry that can appeal on its own.

When the Ministry of Municipal Affairs and Housing launches an appeal of a municipal decision, the process is coordinated between other ministries with interests in land use planning to ensure that provincial policy positions are integrated to allow for a strong, coordinated case before the OMB.

A decision of the Ontario Municipal Board is final except, when at least 30 days before a hearing is held, the Minister of Municipal Affairs and Housing declares that an official plan, official plan amendment, zoning by-law, holding provision by-law or Minister’s zoning order matter before the Ontario Municipal Board may adversely affect a provincial interest. In such cases, after a hearing is held and the Board renders a decision, the Lieutenant Governor in Council (the Cabinet) may confirm, vary or rescind the Board’s decision on the matter.

How do I get my application approved?

The review and approval process for changes to land use is generally the same for all types of planning applications.

Your first step should be to talk to local municipal staff. They can let you know if the change is possible, what issues you might encounter and how you should apply. They can also tell you who the approval authority is for your particular application.

Next, you should consult with the approval authority to discuss your application and to determine what information is required for a complete application. In cases where the local municipality is the approval authority, the first two steps may be carried out at the same time.

Your application for changes to land use should be submitted to your local municipality or the approval authority as appropriate. The approval authority will make the decision to approve or refuse your application and inform you of that decision.

An approval authority may refuse to accept an application that it deems to be incomplete because it fails to provide the information and material identified by Minister’s regulation and other information required by the municipality. If an approval authority confirms that an application is incomplete, the applicant has 30 days to make a motion to the Ontario Municipal Board for determination on the matter. The Board’s decision is final.

Refer to the companion Citizens’ Guides for slight variations to the process. For example, Citizens’ Guides No. 2, 3, 4 and 5 describe the various land use planning applications.

What type of information is required?

A typical application form identifies the information that is required by the approval authority in order to consider the proposed change in land use. All required information must be included with the completed application form.

You should be aware that if you do not provide all the required information and fee, the approval authority may refuse to accept or to consider your application. The legislated time frame for making a decision does not begin until all the required information and fee are received.

The time it takes to process an application varies. Your municipality, municipal planning authority or planning board can provide you with an estimate of the time it may take for a decision to be made.

How important is early consultation?

It is very important to consult with the approval authority at the beginning of the planning process, before submitting a planning application. This will ensure a timely consideration of the application.

During the early consultation, you should meet with the approval authority to discuss your application and to clarify what information is required for a complete application. This will ensure that the approval authority has all the information required to make an appropriate decision without incurring unnecessary delays.

Is there a different approval authority for different planning applications?

Yes, the approval authority may vary depending on the municipality and the type of planning application. Contact your municipality to determine who is the approval authority for your particular planning application.

Who approves official plan amendments and how?

The approval authority for official plans and plan amendments is either the upper-tier municipality or the Ministry of Municipal Affairs and Housing, depending on the delegation/assignment of approval authority. It approves official plans and plan amendments, unless the plan or plan amendment is exempted from approval.

The local municipality reviews and considers official plan amendment applications. It will consult with the approval authority as part of this process. If the Ministry of Municipal Affairs and Housing is the approval authority, it will provide a One Window input and review service. If the upper-tier municipality is the approval authority, it will conduct a municipal plan review. The upper-tier may ask for provincial input regarding provincial interests in proposed new local official plans and major policy amendments, using the provincial One Window Planning Service.

In some cases, the amendment may be exempt from formal approval by the approval authority. In such cases, the local municipality simply gives notice of its decision, there is a 20-day appeal period and, in the event of an appeal, the OMB makes the final decision.

The diagram below shows the planning review process for official plan amendments.

Refer to Citizens’ Guide No. 2 for more information on official plans and amendments.

Planning Review Process for Official Plan Amendments

This flowchart focuses on the basic process – some steps are not show

Making mediation work for you

Forward

This guide is designed to increase the use of mediation and reduce the number of land use planning conflicts that go to the Ontario Municipal Board, a forum that is costly both to the taxpayers of Ontario and the parties to the dispute.

Mediation of land use planning disputes is relatively new and it can resolve many cases. For mediation to work, those involved in a dispute have to understand the mediation process and be willing to try it. This guide provides the newcomer to mediation with the information they need to make an informed choice about whether to agree to mediation and about the process itself.

Although this publication explains the benefits of mediation, it is even better to avoid creating disputes. Many disputes can be prevented if the applicant for a development consults with the municipality, neighbours and other interested people and groups before finally committing to a particular proposal, and if these groups and individuals make their concerns and needs known when changes can still be made relatively easily.

The guide was prepared by Dean Peachey and George Wahl, with assistance and feedback from the Society for Conflict Resolution in Ontario and the Ontario Professional Planners Institute, as well as the Ministry’s Office of the Provincial Facilitator, which commissioned the work.

Making Copies of the Guide

The idea behind publishing the guide was to get the information to as many people as possible. You may make copies of the guide as long as you do not charge more than the cost of reproduction, no part of the guide is taken out of context so that the meaning is distorted, and the cover page indicating that copyright belongs to the Province of Ontario is included in any copy.

Steamed up? At the end of your rope? Caught in a tangle of red tape?

These are images of conflict — images that are common in land use and planning disputes.

Settling planning and land use disputes can be a complicated process, involving various levels of appeal and a lot of time. Increasingly a new approach — using mediation — is being promoted to handle such disputes.

In some cases mediation can result in a speedy resolution, or one that is more satisfactory to the people involved in the conflict. In other situations, mediation is not appropriate. It can be used as a ploy by one party to cause further delay and added expense. And someone who is interested in establishing a legal precedent may be better off in court.

This guide addresses the key questions that you face when considering how to make mediation work for you.

• What is mediation?
• Is it appropriate for my situation?
• How do I find a mediator?
• What can I expect to happen in mediation?
• How should I prepare for it?

You will also find here answers to other commonly asked questions, a list of resources, and a short glossary of terms.

What is Mediation?

Mediation is one of several methods that are available to resolve disputes. In mediation someone who is independent of the dispute helps you come to a mutually acceptable solution with the other person or persons in the dispute. A trained and skilful mediator can help by improving communication among the parties, systematically exploring the interests of each party, and developing options for resolution. The one thing that a mediator cannot do is decide on the outcome or impose a settlement on you. Unlike arbitration, the people who are most affected by the outcome retain full control over the final decision. (For further information about dispute resolution methods, see the glossary at the end of this document.)

You might think of the mediator as a referee, establishing ground rules for effective problem-solving. Other times the mediator becomes a coach, suggesting more effective strategies for pursuing your goal, or offering encouragement when the situation appears impossible to resolve. But you and the other disputants keep control of the ball, and only you can determine the final outcome.

Typically the mediator (or mediators) will talk separately with each party, and then bring everyone together to explore possible settlements. By bringing together everyone who is involved in the conflict, communication can be untangled, and creative ideas tested. Mediation is a problem-solving approach that focuses not on who is right or wrong, but on developing a satisfactory and lasting solution to difficult conflicts.

Advantages of Mediation

Compared to formal proceedings in court or before an administrative tribunal such as the Ontario Municipal Board, mediation offers several advantages:

• It can cost less — Disputes handled through mediation often reach agreement with less expense and in less time. In some situations the mediation may be provided by the municipality or other government agency, but often parties will need to pay at least a portion of the cost. Even so, the cost is often less than the cost of preparing for and conducting a formal appeal, or a prolonged political or legal fight.
• It yields better solutions — Because parties participate in deciding the outcome, all parties have opportunities to generate options and alternatives that can maximize the benefits for all parties. And because the parties are responsible for the outcome, they are more likely to reach an agreement that is practical and realistic — an outcome than they can and will live up to. (Several research projects have shown that people are more likely to live up to a mediated agreement than they are to observe the terms of a court order.)
• It improves relationships — Disputes that escalate can sour and destroy relationships. Communication breaks down or becomes strained. Mediation can bridge these barriers and establish the groundwork for an improved (or at least neutral) working relationship.
• It is voluntary — In mediation you retain the freedom to choose and decide. No one can force you to make an agreement. You can even walk away from the mediation process if you are not satisfied with what is happening.
• It is confidential — The discussions during a mediation session are usually confidential. A mediator will only release information about the mediation if all parties agree to its release. (In some situations involving public officials or issues, the mediation process may be more public.)
• It can shorten a formal hearing — Sometimes mediation cannot settle everything, but it can resolve or narrow some of the issues in dispute, paving the way for a speedier or less costly appeal hearing. Even if not everything is resolved, the mediation can still be a good investment of your time and effort.

What disputes are appropriate for mediation?

There are some common myths about mediation. Some people think that mediation only works with simple disputes, or ones that do not involve a lot of money or resources. Another common misconception is that mediation only works when people trust or like each other. None of these views could be farther from the truth. Whether it concerns a divorce, a standoff over park boundaries, or international disputes mediation has worked in tough situations where the stakes (and the emotions) are high.

Equally inappropriate is the view that mediation should be used for everything. There are situations where other approaches are better. To help you decide, consider using mediation to resolve planning disputes when a situation involves one or more of the matters in the following checklist.

Checklist of matters that indicate mediation may be appropriate

• Direct negotiations (discussions between the parties) have failed to reach agreement.
• An inexpensive and speedy resolution is desired.
• Both parties have an interest in ending the dispute on neutral or positive terms.
• Frustration, poor communication, or distrust is blocking the resolution of the dispute.
• The dispute is based on a misunderstanding.
• Sharing information from each side would produce a better mutual understanding of the issues.
• The issues underlying the dispute are ones that cannot adequately be addressed by a tribunal or appeal body.

Mediation may not be successful or appropriate when one or more of the matters in the following checklist apply.

Checklist of matters that indicate mediation may be inappropriate

• A vital municipal service or legal restriction is involved that cannot be negotiated.
• One party needs a formal victory because of its precedent value.
• One side has no motivation to settle (for example, expects large financial gains or emotional vindication).
• One party gains an advantage by delaying settlement of the dispute.
• The dispute is being used by at least one party solely to gain publicity and visibility, or one side refuses to settle as a means of sending a message to others not involved in the dispute.
• A stakeholder group has not had enough time to organize and clarify its own needs.

If one or more of these conditions is present, mediation may not be the best method of dispute resolution at this time. However, a change in circumstances could signal an opportunity to begin mediation at some point in the future.

Finding a mediator

Mediators may be assigned by a government agency or selected by the parties. The municipality or the Ministry of Municipal Affairs and Housing may be able to provide mediation services or referrals. The Ontario Municipal Board may provide mediation on appeals. Alternatively, you can select a mediator with the other parties in the dispute.

To find a mediator, look in the Yellow Pages of the telephone directory (under “mediators”), or contact one of the mediator membership organizations listed at the end of this guide. You can also locate mediators by asking a friend, lawyer, or planner for suggestions. Many larger Ontario communities have a non-profit community mediation service that deals with neighbourhood disputes. Check the Yellow Pages.

Tips on Selecting a Mediator

Mediators reflect a wide range of backgrounds and experiences. Here is a quick course on selecting a mediator that is appropriate for your dispute.

Some mediators in land use and planning disputes have a background in planning. Others come from different backgrounds and have honed their mediation abilities in other settings such as business, law, or social services. Mediators serve not by virtue of a standardized set of credentials but rather on the basis of their accumulated training, track record, and personal reputation. There is therefore no single definition of a qualified mediator. Although this is sometimes a confusing situation, it is appropriate, given the fact that different types of mediation skills are required in different cases.

In particular, some cases involve a high amount of technical planning, engineering, or ecological information. A mediator with a comparable technical background may have an advantage in being able to quickly understand the issues and communicate with the parties in such cases. The mediator who comes with some such knowledge can help the parties focus on the key issues in dispute, or share ideas about how other people have solved similar problems.

In a majority of difficult disputes, however, the obstacles to resolution are not technical so much as they are related to mistrust, suspicion, miscommunication, or negative history between the parties. In such cases, mediators need to be skilled at facilitating dialogue between hostile or reluctant participants. And in cases where one or more parties are distrustful of “experts,” mediators who are seen as process facilitators rather than technical experts may be more successful. Benefits of this approach include avoiding a mediator’s preconceived notions of what a settlement should look like, and letting the parties come up with unique or creative alternatives.

In other cases, the parties may want someone who understands a cultural issue or other context of the dispute. Particularly complex disputes, involving a wide spectrum of issues and parties, may call for a team of two or more mediators representing different backgrounds.

Talk to prospective mediators in person or by phone. Some mediators offer an introductory or orientation session at no cost, or reduced cost. Feel free to ask a mediator questions about his or her training and experience. Observe the mediator’s interpersonal and professional skills. Qualities often found in effective mediators include objectivity, emotional stability and maturity, integrity, and sensitivity. Look also for good interviewing skills, ability to listen and clarify issues, problem-solving ability, and organization.

Don’t be overly impressed by certificates on the wall, or initials on business cards. There is no universally recognized training or certification process for mediators in Ontario. In most cases, a certificate simply means that the mediator has attended a training program, not that the individual has achieved a certain level of experience or demonstrated competence in a supervised setting. Neither is membership in a mediation association proof of experience or skill. In Ontario such memberships are open to any interested person who pays a membership fee.

Do they have materials outlining their policies or procedures? What agreements will you be asked to sign to engage them? Ask for a copy of a mediator Code of Ethics or Standards of Conduct that they follow. The bottom line is that the mediator be credible to you, and be someone that you feel comfortable working with.

Preparing for Mediation

As with any challenge in life, preparation is helpful in mediation. Start with an attitude check. Be ready to think about possible solutions, rather than trying to convince the mediator that your position is “right.” (Remember, mediation is not a hearing, and the mediator will not make the final decision.) Instead of determining who is right and who is wrong, the mediator works with the other parties and you to discover underlying needs behind the positions, and develop solutions. It is useful to understand the difference between positions and interests. Positions are the public bargaining postures that a party states to try to get what it wants. Positions usually represent the solution that a group thinks will best meet its needs. Instead of arguing endlessly about the parties’ positions, look for the underlying reasons or interests for those positions, and attempt to develop solutions that address the interests of all parties.

For example a group of neighbours may be objecting to an application to decrease the lot sizes in a residential development. Their preferred position or solution is no decrease on lot size. The underlying interests for this position may relate to traffic, privacy, impact on property values, drainage, or house designs for smaller lot sizes. A variety of solutions may be possible, depending upon which of the above interests is most important. Focusing on the interests is likely to be more successful, creative, and satisfying than getting stuck in a debate on 10 metre versus 15 metre lot widths, or even trying to strike a compromise at 13 metres.

Spend some time prior to the mediation really trying to better understand the situation.

• Be clear on what you really want. Know specifically what your concerns are, and plan to explain your reasons clearly and concisely.
• Prioritize what you want. Identify the most important interests to satisfy during negotiations.

Know which interests you may be willing to compromise. Remain open to the possibility of changing approaches when you hear the other party’s interests.

• Be realistic about what you want, and think about how you can demonstrate to others that you are being realistic.
• Put yourself in the shoes of the other parties. Examine their respective positions and ask yourself why they have taken their positions. Why are they different from yours?
• What are some options that might meet your needs as well as those of the other parties?
• If you are representing a group, make sure you are clear on what you can negotiate on behalf of your constituents and on what issues you need to seek their viewpoint.

Finally, expect real differences in values, beliefs, opinions, personalities and interests. People believe in and value different things. Prepare to “act in good faith” by dealing honestly with the issues and the parties.

What happens in mediation?

Typically the mediator, or someone associated with the mediator’s office, will talk to each of the parties in the dispute. This enables the mediator to develop an overview of the issues in dispute, and to begin to develop a plan for the mediation. It is also an opportunity to address any questions about mediation, or about the mediator’s training and background.

Mediation can consist solely of the mediator talking first with one party, then the other (either in person or by telephone), in an attempt to develop an agreement. More common, however, is for the mediator to convene a meeting with all parties present, or to use some combination of shuttle diplomacy and joint meetings.

Assuming that there will be a joint meeting, here is an outline of a typical procedure, although you can expect variations appropriate to your situation:

1. The mediator reviews the ground rules or procedures to be followed during the mediation. Ground rules vary in complexity depending on the nature of the dispute. They may cover the mediator’s role, the mediation process, payment of fees, confidentiality of issues, meeting schedule, and the responsibility of the parties during the mediation, and clarifying who has authority to make a settlement.
2. The parties are typically asked to sign an agreement to mediate. This agreement might state the nature of the issue(s) in dispute, indicate the voluntary participation of all parties, state that they will act in good faith, and provide for the discussions in mediation to remain confidential.
3. Parties present the issues to be discussed from their points of view, along with their concerns and preferred solutions to the problem. (In complex cases the parties might first exchange information documents, or jointly collect data related to the conflict.) The mediator may ask parties to specify the reasons (interests) underlying their statements. This process often clarifies previously held views and/or brings new information to light. Multiple issues will be separated and discussed independently.
4. Parties generate and explore potential solutions to the identified issues that address their respective interests. Although an historical perspective of the reasons for the dispute is reviewed, the focus of mediation is on the future. What can be done now to resolve the issue, or to reduce the likelihood of future problems?
5. In the course of a joint meeting, the mediator may call for a break, or meet separately for a while with each of the parties in order to further explore options for settlement.
6. A settlement is finalized only when all parties are satisfied. The agreement is written down, reviewed by all parties and signed. In some cases, parties may wish to have their lawyer or other advisers review agreements before signing.

The process can involve one meeting, or several meetings, depending upon the complexity, history, number of parties, and emotional intensity of the dispute. A lot depends on how quickly (or cautiously) you and the others in the conflict want to proceed.

Tips for when you are in the middle of mediation

• Without challenging them, invite other parties to explain why issues are important. Listen carefully — each side is likely to have multiple interests. Repeat the key points of what you think they said.
• Clearly communicate your interests to the other parties. Underscore your interests with specific details and events.
• Differences in values, behaviours, approaches, and beliefs may leave you feeling offended or threatened. If you are having strong reactions to another party, ask to speak to the mediator privately, and spend some time discussing your reactions and how to deal with them.

The role of advisers in mediation

Depending on the type of dispute, it may be appropriate to have a lawyer, planning consultant, or other adviser present during the mediation. Sometimes mediators will emphasize that such advisers are there strictly in an advisory role, and that the primary discussion is to be conducted between the people in the dispute. Other times, mediators may invite or even expect the advisers to play a lead role in the discussions. It is important to clarify any such expectations with the mediator at the outset of the process.

Consultation with advisers before, during or after mediation sessions can be important to understand the implications and responsibilities of any agreement. Always consult with your adviser prior to signing a settlement agreement if you have any questions about the content or legal effect of the agreement.

Commonly asked Questions and Answers

Who pays for mediation?

If a land use and planning mediation program exists in your municipality, it may cover the cost of mediation. In other situations, on request the local municipality may be able to arrange informally for a mediator from another municipality (usually a member of the planning department) to conduct a free or at cost mediation. Mediation may also be available without charge from the Ministry of Municipal Affairs and Housing. Mediation at the Ontario Municipal Board on an appeal is at no cost to the parties.

In most communities, however, the parties agree to hire a mediator and negotiate how the costs will be shared as part of a preliminary agreement to mediate. Costs may be shared equally between parties, or be covered by the party with stronger financial resources.

How much does mediation cost?

Hourly rates for mediators in private practice vary according to the background of the mediator and the norms in the local community. For example, a mediator who is also a lawyer may charge the same fee for mediation as for legal work, and fees in small towns are typically less than in downtown Toronto.

Using trained volunteers, non-profit agencies may be able to provide services that are free or offered at a reduced rate for certain disputes.

What’s the best time to propose a mediation?

The best time for mediation is immediately after attempts at negotiation have failed. The longer an unresolved dispute continues, the more polarized the parties may become. As disputes escalate, communication breaks down and positions harden — making settlement more difficult to reach. Time and costs for all parties can be minimized by bringing parties to the table as soon as possible.

An approaching deadline also indicates a good time for mediation. An upcoming hearing date at the Ontario Municipal Board, or an advancing construction season, can significantly increase the motivation to find a solution through mediation. How long does mediation take?

Mediation can last from a few hours to a number of sessions depending on the complexity of issues, number of issues, number of parties, and relations between the parties.

Is a mediated agreement legally binding?

It depends upon the content of the agreement. The agreement may constitute a contract, in which case it could be legally enforced (with an appropriate expenditure of time and money). In most cases the people who signed the agreement would need to take action to enforce it; no public body is monitoring its implementation. Talk to a lawyer if you have doubts or questions about legal issues.

It is rare for parties not to fulfill their agreement without a good reason. In many mediated agreements, a clause is included that indicates how these difficulties and any future disputes will be resolved. The need for fine-tuning and dealing with unforeseen problems can always arise with any agreement.

What is the role of my elected representative?

Politicians often find themselves representing constituents who have adopted directly opposing positions. Politicians can play an important role in representing the public’s best interests by encouraging parties to seek mutually beneficial solutions through mediation. In some cases elected officials, such as city councillors, may participate in the mediation if the outcome will require public approval.

What role does the municipal planner play?

Planning staff play a variety of roles in land use and planning disputes. Depending on the issues in dispute, the planner often serves as a technical resource, clarifying policies and planning regulations within which options can be examined. In other cases, the planner may be representing the municipality, as a party in the dispute. In some disputes, where no conflict of interest exists, properly trained planning staff may serve as the mediator.

Glossary of Dispute Resolution Terms

Alternative Dispute Resolution (ADR) – A broad range of processes designed to assist people resolve disputes outside of the court system. It includes processes of mediation, arbitration, and neutral fact finding, as well as others.

Negotiation – The two (or more) parties in conflict communicate with one another to reach an agreement.

Positional Negotiation – Negotiation characterized by adopting a position that you desire, and trying to bargain to bring the other party as close to your position as possible.

Interest-based Negotiation – Negotiation characterized by both parties communicating their basic interests to one another and jointly exploring options that can maximize the gains for each party’s interests. (Similar terms include “principled negotiation” or “mutual gains approach” to negotiation.)

Mediation – An independent intervenor assists the dispute parties to identify, communicate, and resolve their differences. The mediator structures and facilitates the process, but does not impose an outcome upon the parties. The process may involve joint meetings of all participants, separate discussions with each party, or some combination of these activities.

Arbitration – An independent person hears all sides of a dispute, reviews the evidence, and issues a decision that is meant to be binding upon the parties. Parties may participate voluntarily or under the requirements of a contract or statute.

Resource List – Organizations

Society for Conflict Resolution in Ontario (SCRO)
2255B Queen Street East
P.O. Box 137
Toronto, ON, M4E 1O3
(416)484-6570

Pronounced escrow, it has its roots in environmental, land use and planning disputes but has branched out from there. It is still the place you would be most likely to find people with expertise in those areas of conflict resolution.

Ontario Professional Planners Institute
234 Eglinton Ave. East
Suite 201,
Toronto, ON, M4P 1K5
tel: (416)483-1873
fax: (416)483-7830

The Ontario Professional Planners Institute (OPPI) represents professional planners involved in planning how our lands, waters, natural and cultural resources, and community facilities and service are allocated, ordered and used. OPPI administers a training program on mediation which it developed in partnership with the Office of the Provincial Facilitator and the Society for Conflict Resolution in Ontario.

Arbitration and Mediation Institute of Ontario (AMIO)
234 Eglinton Ave. East
Suite 602
Toronto, ON, M4P 1K5
Tel: (416)487-4447
Fax: (416)487-4429

The Network: Interaction for Conflict Resolution
Conrad Grebel College
Waterloo, ON, NFL 306
nicr@watserv1.uwaterloo.ca
Tel: (519)885-0880
Fax: (519)885-0806

Specializing in facilitation of multi-stakeholder groups and distribution of literature on conflict. They can send a list of resources they carry.

Canadian Bar Association of Ontario – ADR Section (CBA-O)
20 Toronto Street
Suite 200
Toronto, ON, M5C 2B8
Tel: (416)869-1047
Fax: (416)869-1390

The Ontario Branch of the Canadian Bar Association publishes the “Alternative Dispute Resolution Directory” listing section members and subscribers (other professionals who are not lawyers) who provide mediation and arbitration.