Minister’s Zoning Orders Come to the Fore in a Pandemic

Introduction

Section 47 of the Planning Act[1] allows the Minister of Municipal Affairs and Housing (“Minister”) to make “Minister’s Zoning Orders” (“MZOs”), to govern land uses within areas subject to the order.  An MZO prevails over any other zoning by-law in effect in the area, giving the Minister complete authority to regulate land use on specific lands.  Despite being a rarely or judiciously used power for decades, the making of MZOs is a frequent occurrence in 2020.  This order is a necessary tool for emergency response and economic recovery or an unprecedented circumvention of local planning processes, depending on who is assessing the situation.

The Planning Act has long afforded the Minister significant discretionary authority to directly zone land, however, the use of this extraordinary power was often limited to areas without municipal organization or cases of emergency, or where there was a pressing provincial objective at stake.

Typically, a person or municipality seeking to change a zoning by-law must adhere to the process set out in section 34 of the Planning Act and O. Reg. 545/06. This process provides for notice of the proposed amendment, public consultation and, generally, a right of appeal to the Local Planning Appeal Tribunal (the “Tribunal”).

In the case of an MZO, the Minister does not need to give notice or hold a hearing before issuing an order.  The Minister must give notice within 30 days of the decision in the manner the Minster deems appropriate. MZOs are enacted as regulations under the Planning Act and thus published in the Ontario Gazette.  Notice of the decision must be lodged in the office of the clerk of the municipality(ies) in which the lands are situated, or the land registry office in territories without municipal organization.