July 2025

Practice Guide: Planning Legislative Framework in Ontario

The Planning Legislative Framework in Ontario Practice Guide represents the second in a series of practice guides to be published by OPPI in 2025 and beyond, on topics of importance to the planning profession.

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The Planning Legislative Framework in Ontario Practice Guide does not incorporate legislative changes associated with Bill 17 which received Royal Assent on June 5, 2025.

CONTENTS

CHAPTER 1: INTRODUCTION TO MUNICIPAL GOVERNMENT
In Ontario, land use planning responsibility is led by the province and implemented by municipalities. As such, to properly understand land use planning in the province, we will start with an Introduction to Municipal Government.

CHAPTER 2: THE PLANNING ACT, R.S.O. 1990, C.P.13
The Planning Act (the Act) is the cornerstone provincial legislation that sets out the rules, requirements, and processes for the land use planning sphere in Ontario.

CHAPTER 3: PROVINCIAL PLANNING STATEMENT, 2024 AND PROVINCIAL PLANS
The Provincial Planning Statement (PPS), 2024 and provincial plans are key components of the land use planning process.

CHAPTER 4: OFFICIAL PLANS
An Official Plan (OP) is a longterm planning document created by a municipality to guide land use and development within their jurisdiction. It sets out a vision for how land should be developed, used, and managed over time, including housing, jobs, parks, natural areas, community services, and streets. The OP is a key  tool for municipal governments to guide growth, protect resources, and ensure that development is sustainable and aligned with broader provincial policies. OPs set out the upper-, lower-, or single-tier planning policies based on the PPS, 2024 and other relevant provincial plans.

CHAPTER 5: ZONING BY-LAWS AND LEGAL NON-CONFORMING USES
A Zoning By-law is a legal document that controls how land and buildings are developed and used in a certain area. Zoning By-laws establish the uses and  regulations for the uses for different zones within a municipality. Zoning By-laws typically regulate permitted uses, the location of structures on a lot, the amount of density permitted on a lot, lot size requirements, parking requirements, and so on. There are very few parts of a structure on a lot that are not regulated by a zoning by-law.

CHAPTER 6: DEVELOPMENT CONTROL
In addition to OPs, Zoning By-laws, minor variances, and the subdivision of land, there are numerous other forms of development control in Ontario.
Together, these Planning Act tools ensure that development is safe, orderly, and functional. This chapter covers Site Plan Control, the community planning permit system, holding by-laws, interim control by-laws, and Minister’s zoning orders.

CHAPTER 7: THE SUBDIVISION OF LAND
In Ontario, Part VI of the Planning Act governs the subdivision of land. There are numerous ways to subdivide land, the most common being through the approval of a plan of subdivision/condominium, the granting of a consent (commonly known as a “severance”), or, for lots or blocks already within a registered plan of subdivision, through part-lot control exemption. The type of Planning Act approval required is typically determined by the number of lots being created and the extent of servicing that is required. This chapter focuses on how land is divided using the subdivision process, subdivision agreements, part lot control, and consent to sever.

CHAPTER 8: MINOR VARIANCES
A minor variance is a deviation from a Zoning By-law. The intent of a minor variance is to reduce the inflexibility of the Zoning By-law by allowing a small change  when it is difficult to comply with a particular zoning regulation, such as a side yard setback standard or a lot coverage standard. A minor variance is a form of relief from requirements of a Zoning By-law but does not alter the applicable zoning on the lands. 

CHAPTER 9: PAYING FOR GROWTH
“Growth pays for growth” is the guiding principle that those who benefit from growth related infrastructure should be responsible for the costs. The four main tools that are available to a municipality to fund infrastructure are property taxes and the charges related to growth-related infrastructure, which are development charges, community benefit charges, and parkland dedication.

CHAPTER 10: THE ROLE OF THE ONTARIO LAND TRIBUNAL
The Ontario Land Tribunal (OLT) is an independent tribunal responsible for resolving a variety of municipal and land use planning matters. The OLT was formerly known as the Local Planning Appeals Tribunal (LPAT), and before that, the Ontario Municipal Board (OMB). This chapter focuses on the OLT’s role in dealing with planning matters under the Planning Act. The OLT has jurisdiction over planning matters across the Province of Ontario. However, it is important to note  that the City of Toronto has its own appeal board called the Toronto Local Appeal Body (TLAB) that hears appeals from City of Toronto Committee of Adjustment decisions for minor variance and consent applications in Toronto, unless they are appealed together with a site plan application. In that instance the appeals go to the OLT.

Read the Planning Legislative Framework in Ontario Practice Guide