The OAA welcomes the recent ruling from the Ontario Land Tribunal (OLT), closing a nearly decade-long appeal over the City of Toronto’s harmonized zoning bylaw 569-2013.

In 2010, the City embarked on a harmonization process for its zoning bylaw to create a unified approach across its amalgamated regions. Originally passed as bylaw 1156-2010, it was repealed in May 2011, pending a need for consultation and amendments. The OAA, supported by a group of dedicated members, actively participated in the consultation process leading up to the introduction of a replacement, zoning bylaw 569-2013. As it became clear the OAA’s recommendations had not been incorporated, the OAA filed its first Ontario Municipal Board (OMB) appeal in its history on June 3, 2013.

Despite a long and arduous process (including successive changes to the Tribunal itself, first as the OMB, then the Local Planning Appeal Tribunal [LPAT], and finally the OLT), the OAA secured a significant victory in March 2018 when the City was ordered to make revisions to eight disputed areas of the bylaw, including height, flat- and shallow-roof housing, and dormer widths. When negotiations over these changes stalled, the OAA requested the Tribunal reconvene the hearing and issue a final ruling.

The Ontario Land Tribunal issued its ruling on Case Number PL130592 on October 12, 2021, closing a decade-long fight to preserve flexibility for housing design throughout Toronto. As quoted in the decision, “The City’s proposed amendments to the regulations have addressed most of the Appellants’ concerns related to low-rise residential buildings, including those on narrow lots… The revisions provide more flexibility for house design, while still achieving OP policies to uphold the character of the neighbourhood.”

Lawyer Ron Kanter, who has acted as counsel for the OAA throughout the appeal, commended the Association’s perseverance in working to improve the residential provisions of the city-wide zoning bylaw.

According to Kanter, “under pressure from the OAA, in 2019 the City agreed to increase residential heights by 1 metre, allow increased heights for a portion of main walls, reduce the slope required to be considered a peaked roof and clarify the definition of basement and first floor” and to allow “further flexibility as requested by the OAA with respect to front wall dormers and the height and setback of wall for houses with flat roofs.”

While a final version of the amendments must still be submitted for the Tribunal’s final approval, the OAA is grateful for the contributions of all parties, including the City, involved in this important endeavour. Based on preliminary feedback, the Association is confident these changes will have a significant impact for Toronto residents who will soon be able to build houses that better meet their needs.

The OAA hopes other Ontario municipalities will take note it is monitoring the impact inefficient zoning processes have on communities as part of its duty to serve and protect the public interest.