Email this pageOpen for Business: A Land Use Planning Guide for Businesses
Introduction
General Information
- Who is approving my application?
- What should I do before submitting my application?
- What happens when the Ministry of Municipal Affairs and Housing is approving my application?
- What happens when a local authority is approving my application?
- What information should I provide with my application?
- What if the approval authority deems my application to be incomplete?
- Engaging early with Aboriginal Peoples
- What is the Ontario Municipal Board?
- Read this guide in conjunction with the Citizens Guides to Land Use Planning
Official Plans
- What are official plans (OPs)?
- What are examples of OP designations likely used to permit businesses?
- How do I get information about OP designations in my area?
- What are official plan amendments (OPAs) and why might I need one?
- How do I request an OPA?
- What information might be required to support my OPA application?
- What if I don't agree with a municipal decision on an OPA?
Zoning By-laws
- What are zoning by-laws?
- How can I change the zoning on my property?
- What if I only need a minor change (a minor variance) and when would I apply for one?
- What if I don't agree with the decision made on a zoning by-law amendment?
- How can I appeal a decision on a minor variance?
- What other approvals may be required?
Consent
- How do I divide my land and create a new lot?
- Why might I need a consent?
- How do I apply for a consent? What information should I provide?
- How do I appeal a decision on a consent?
Site Plan Control
- What is site plan control (SPC)?
- How might SPC affect my business?
- How might SPC benefit my business?
- How can I appeal a decision on SPC?
Building Permits
- What is a building permit?
- Why do you need to obtain a building permit?
- When would I need a building permit?
- How do I apply for a building permit?
- What should be submitted with my application?
- Is the municipality subject to any timeframes in reviewing a building permit application
- How do I appeal a decision on my building permit application?
- What happens after my permit is approved?
- What permits are required for demolition?
- What other permits may be required?
Related Initiatives and Programs
Business Improvement Associations (BIAs)
Community Improvement Plans (CIPs)
Brownfield Redevelopment
- What is brownfield redevelopment?
- Why might building on a brownfield site benefit my business?
- How can I redevelop my site?
Other Planning Approvals and Provincial Regulations
Development Permit System (DPS)
Heritage Conservation
- What are heritage conservation districts?
- How might heritage properties and heritage conservation districts benefit my business?
Special Policy Areas (SPAs)
- What are SPAs?
- Green Energy and Green Economy Act, 2009
- Accessibility for Ontarians with Disabilities Act, 2005
- Conservation Authorities
Resources
Important Note to User:
The Ministry of Municipal Affairs and Housing has developed this guide to help businesses seeking information about the land use planning system in Ontario. This guide summarizes and deals with complex matters. It does not include all details, and does not take into account local facts and circumstances. As well, the guide refers to or reflects laws and practices which are subject to change. For these reasons, the guide, as well as any links or information from other sources referred to in it, should not be relied upon including, as a substitute for specialized legal or professional advice in connection with any particular matter. Although the guide has been carefully prepared, the Ministry does not accept any legal responsibility for its contents or for any consequences, including direct or indirect liability, arising from its use.
Introduction
Why Create a Land Use Planning Guide for Businesses?
The purpose of this guide is to assist new and existing businesses understand the land use planning process in Ontario and, therefore, obtain land use planning approvals faster. It is also a reference for the general public. It is useful for those opening new businesses, and those expanding their existing buildings, where they require a land use planning approval. It is written for businesses of all sizes and types that would like information, in plain language, on the land use planning process. It provides general information and can help businesses determine if they should hire professional staff to help them work through the planning process, or if they would like to work through the process independently.
Land use planning affects all communities in Ontario. It helps decide how our communities will be built and how growth will be accommodated. It takes all types of land uses into consideration, including residential, institutional, and, most importantly for this guide, commercial, retail and industrial uses.
The province sets the ground rules for land use planning through the Planning Act, and identifies matters of provincial interest. The Provincial Policy Statement[1] (PPS) provides policy direction on matters of provincial interest related to land use planning and development. When decision makers exercise any authority that affects planning matters, the decision must be consistent with the PPS. A municipal official plan (OP) is the primary document for implementing the PPS and addressing local land use interests.
This guide also contributes to the Province of Ontario’s Open for Business initiative. Open for Business is Ontario’s program to create faster, smarter and streamlined government-to-business services and to establish a modern system of government. Working with all ministries, Open for Business has three key areas of focus: Modern Government, Modern Services, and Developing a New Relationship with Business. Open for Business aims to make Ontario more attractive for new business development, growth, and innovation. For further information, please see the Open for Business website at Ontario.ca/openforbusiness.
This guide is divided into different sections on different types of planning applications. It is recommended that you read through section 2 – General Information, and then focus on the specific section on the type of planning application that you need information on. It is very important to meet with your local municipality, planning board or the province in advance of submitting applications for a planning approval. At the end of each section, there is a list of questions that you should think about or ask the approval authority during any early consultation meeting.
All references to the Provincial Policy Statement (PPS) in this document refer to the Provincial Policy Statement, 2005. Please note that a review of the PPS is required at least every 5 years from the time it was issued. For more information on the PPS, applicants should visit the Ministry of Municipal Affairs and Housing website: www.ontario.ca/mah
General Information
This guide contains information about a variety of land use planning application approval processes in Ontario. The following, however, is general information that would be useful for any type of application.
Who is approving my application?
The approval authority for a planning application can be a municipality (or a municipality’s Committee of Adjustment or Land Division Committee), planning board, municipal planning authority or the province, through the Ministry of Municipal Affairs and Housing (MMAH).
It is important to specifically find out as soon as possible what municipality your proposed planning application is located in and to whom to submit your planning application for a decision. To find out who is the approval authority for your application, consult your local municipality, planning board or MMAH Municipal Service Office (MSO). Contact information for all of the Ministry MSOs is provided under Resources at the end of this guide.
Even when your municipality is not the approval authority for your application, municipal staff should be able to direct you to the right approval body and provide you with information on where to begin. It is strongly recommended that you contact your municipality before you initiate your application. If your proposal is located in unincorporated territory, contact the local planning board or MMAH.
What should I do before submitting my application?
It is strongly recommended that you meet with those responsible for evaluating your application before you make a formal submission (and pay the application fee), because that will help identify the information that should be provided to ensure successful processing and to avoid delays. To initiate the process, you should ask the approval authority what planning approvals, permits or licenses you will need in order to achieve what you propose to do with your land or property.
Depending on the complexity of your application, you may want to consider hiring a professional expert, such as a planning consultant, to help you through the process.
What happens when the Ministry of Municipal Affairs and Housing is approving my application?
When the Ministry of Municipal Affairs and Housing is the approval authority, it will work collaboratively with other Ontario ministries and affected municipalities to evaluate your application and make a decision. Your local municipality or planning board can tell you if the province is responsible for approving your application.
What happens when a local authority is approving my application?
When a municipality or a planning board is the approval authority, you should work directly with the municipal staff on your application. Again, your local municipality or planning board will be able to tell you if they are the decision-making body.
What information should I provide with my application?
For any planning application, an application form and where applicable, the local official plan, will typically identify the information that is required. However, it is highly advisable to consult staff of the approval authority on this issue in advance of filing your application.
It is very important to submit all of the required information. The information that may be required in support of your complete application will vary depending on the type of application and the range of planning issues involved. The province has prescribed basic information requirements through Minister’s regulations that must be included in a planning application. Some municipalities, however, through their official plans, may also require additional information before your application can be deemed to be complete. If an application is submitted without the required information (i.e. is not “complete”), the process of evaluating the application will be delayed until all required information is provided.
What if the approval authority deems my application to be incomplete?
Applicants should discuss the decision with the municipality to clarify what information is still needed. In the case of an application for an official plan amendment, a zoning by-law amendment, a plan of subdivision or a consent, if an applicant and the municipality cannot agree on the information requirements for a complete application, then the applicant may make a motion for direction to have the Ontario Municipal Board (OMB) determine if the application is complete.
What is the Ontario Municipal Board?
The OMB is a quasi-judicial body that hears appeals to planning decisions, among other matters. To learn more about the OMB and appeal process, read the Citizens’ Guide on the OMB at www.ontario.ca/mah.
Engaging early with Aboriginal Peoples
Where a business initiative may affect established or potential Aboriginal interests, it is important to engage with any relevant Aboriginal community to understand how your initiative may affect their interests. Early communication enables all parties to identify their interests and to allow for consideration of options. This could result in a better project and assist in planning appropriate time frames for project approvals. The local municipality or planning board may have information on which Aboriginal communities may have interests in the area. As well, they may have prepared an archaeological management plan that might provide further guidance.
Read this guide in conjunction with the Citizens Guides to Land Use Planning
This guide is specifically intended for business owners. For more general information about land use planning, please consult the series entitled Citizens’ Guides to Land Use Planning (www.ontario.ca/mah).
The Citizens’ Guides are intended for a general audience. They provide more information on land use planning processes as discussed in this guide. By taking a general perspective they also address such issues as citizen participation in the planning process.
Official Plans
What are official plans (OPs)?
An official plan describes your upper (e.g. a region or county), lower (e.g. a city or town within a region or county) or single-tier (e.g. a city or town that is not part of a county or region) municipal council's policies on how land in your community should be used. It is prepared with input from your community and helps to ensure that future planning and development will meet the specific needs of your community.
An official plan may deal with such issues as:
- Where businesses of different types will be located;
- Where housing will be located;
- What services like roads, watermains, sewers, parks and schools will be needed;
- Where a mix of land uses may be allowed;
- When, and in what order, parts of your community will grow;
- Where growth will not be allowed; and
- Where community improvement areas are identified (for more information, see the section on Community Improvement Plans in this guide).
What are examples of OP designations likely used to permit businesses?
A wide variety of industrial, commercial, and retail OP designations are used to identify areas for the location of businesses. The OP may indicate the general types of businesses that can be developed within specific designations and the policies for those designations. The naming of the designations varies widely in different municipal OPs, but some examples of business-related designations may include:
- Business,
- Commercial,
- Employment,
- Industrial,
- Retail, and
- Mixed Uses.
It is important to know the OP designation(s) of your property and to examine how the designation(s) are defined in the OP. The designation will help to determine whether your proposal is in conformity with the OP and therefore whether any subsequent required planning approvals will be able to proceed. It is important to read all OP policies that may apply to your lands. For example, although the municipal OP may designate your lands commercial or employment area, some older main street areas of communities in Ontario may also have special policies requiring heritage preservation of the exterior of buildings or site design policies that may also apply to your lands.
How do I get information about OP designations in my area?
- Contact your local municipality to get information about OP designations in your area.
- You could address this issue during an early consultation meeting with the municipality.
- Many OPs are posted online.
Most OPs contain helpful maps or schedules that show the OP designations in different parts of the planning area. The OP will likely also contain information on how the different OP designations are defined, and what types of uses they permit.
If your business or proposed business is in a lower-tier municipality, be sure to check the OP designations of both the lower-tier and upper-tier municipality it is located in. These municipalities will be able to provide you information on this matter.
Municipalities are required to update their official plans at least every five years from the time the plan comes into effect. Please note that an official plan is not set forever, designations and policies in the OP could change during the course of your application process.
What are official plan amendments (OPAs) and why might I need one?
An OPA is a formal document that changes a part of a municipality's official plan. If your proposed development does not conform to the OP, you will require an official plan amendment in order to build or expand your business, or to simply use your site for new purposes.
An application for an official plan amendment is reviewed in relation to the policies of the Provincial Policy Statement, provincial plans (where applicable) and an upper-tier municipality’s official plan (where applicable). Municipal council can consider an OPA only if the new use is consistent with the Provincial Policy Statement and conforms with provincial plans (where applicable) and an upper-tier municipality’s official plan (where applicable).
How do I request an OPA?
During your early consultation meeting with your local municipality, you should be able to determine if an OPA is required. Municipal staff can also inform you if the change is possible, what problems you might encounter, how you should apply and what documents and studies would be required.
Municipal staff will also be able to tell you if the municipal council’s decision is all that is required for your application or if further approvals by either the upper-tier municipality or the province are required following the municipal decision.
What information might be required to support my OPA application?
You are required to submit information prescribed by the province through a Minister's regulation as well as other additional information if set out in the municipal official plan. Your local municipality should be able to tell you what information will be required for your OPA application.
What if I don't agree with a municipal decision on an OPA?
If you apply for an OPA, there are several situations in which you could request the Ontario Municipal Board (OMB) to review your application:
- If your application for an OPA is confirmed to be incomplete by the municipality and you disagree, you have 30 days to make a motion for directions to have the OMB determine if it is complete. The OMB’s decision would be final.
- If the municipality fails to act on your request for an OPA within 180 days of the receipt of a complete application, you may appeal to the OMB. Similarly, when the municipality adopts your OPA and sends it to the approval authority, you can also appeal if the approval authority fails to make a decision within 180 days of receiving it.
- If the municipality and/or approval authority refuses your application, you can appeal to the OMB within 20 days of the date of the notice of decision.
- If the municipality and/or approval authority approves your application but makes changes with which you disagree, you can appeal to the OMB within 20 days of the date of the notice of decision.
There are limitations on appeal rights to some OPA decisions, including proposed OPAs that remove land from an “area of employment” when the municipality refuses or fails to make a decision on the application.
Before making a motion to the OMB or appealing a matter, you are strongly encouraged to attempt to work out a mutually acceptable solution with the municipality.
For more information on OMB appeals, more detailed information on OPs and OPAs, see the Citizens’ Guide on Official Plans (Citizens’ Guide 2), at www.ontario.ca/mah.
|
Zoning By-laws
What are zoning by-laws? 
A zoning by-law controls the use of land in your community. It may determine:
- 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
Zoning by-laws help implement the general policies in your community’s OP by providing specific land use regulations. Zoning by-laws may be effective at creating areas where certain types of businesses can develop, which is helpful for the development of business areas. If for example, you purchase a property and wish to put a retail store on that property, but it is zoned for institutional or industrial uses, you may need to apply for a rezoning to allow the retail use.
Many municipalities have a comprehensive zoning by-law that divides the municipality into different land use zones, with detailed maps. Such by-laws specify the permitted uses (e.g. commercial or residential) and the required standards (e.g. building size and location) for each parcel of land in each zone. It is important to ensure that the proposed use of your land is allowed by the zoning by-law. Each municipality will have their own specific zone categories and definitions, but generally there are 3 types of business-related zones: Office/Commercial, Retail and Industrial. There are also some zones, usually in more urban areas, referred to generally as “mixed use” zones, where a combination of business and, for example, residential uses, may be permitted.
Some municipalities may have a free-standing zoning by-law that covers only a specific property that an owner proposes to develop.
Zoning by-laws may be accessible on a municipality’s website. You may also contact your municipality for a copy or for assistance in interpreting the zoning by-law.
How can I change the zoning on my property?
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. An application for a zoning change is reviewed in relation to the policies of the Provincial Policy Statement, the existing OP and any applicable provincial plans.Before you apply for a rezoning, you should talk to the municipal staff for advice and information. As part of your application you must provide the information identified by the province and, if applicable, the municipality. Most municipalities require that you pay an application fee.
What if I only need a minor change (a minor variance) and when would I apply for one?
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 a structure on your property but the shape of your lot won't let you meet the minimum setback requirements. 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.
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.
What if I don't agree with the decision made on a zoning by-law amendment?
Appeals on zoning by-law amendments (ZBAs) to the OMB can be made in different ways:- If your application for a ZBA is confirmed to be incomplete by the municipality and you disagree, you have 30 days to make a motion for directions to have the OMB determine if it is complete. The OMB’s decision would be final.
- If the municipality fails to act on your request for a zoning by-law amendment within 120 days of the receipt of a complete application, you may appeal to the OMB.
- If the municipality refuses your application, you can appeal to the OMB within 20 days of the date of the notice of decision.
- If the municipality passes a zoning by-law in response to your application which includes aspects with which you disagree, you can appeal to the OMB within 20 days of the date of the notice of the decision.
There are limitations on appeal rights to some zoning by-law decisions, including zoning by-law amendments that would remove land from an “area of employment”, when the municipality refuses or fails to make a decision on the amendment.
Before making a motion to the OMB or appealing a matter, you are strongly encouraged to attempt to work out a mutually acceptable solution with the municipality.
How can I appeal a decision on a minor variance?
If you disagree with a decision on your minor variance application, you would have 20 days from the decision date to appeal to the OMB or, if established by the municipality, a local appeal body. The appeal should be filed with the secretary-treasurer of the committee of adjustment 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 or local appeal body.
What other approvals may be required?
In addition to the planning approvals and building permit approval which may be required for your business, there are other permits and approvals that may be required under 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).
For more information about zoning by-laws and to review a flowchart of the zoning by-law amendment process, see the Citizens’ Guide on Zoning By-laws (Citizens’ Guide 3), at www.ontario.ca/mah.
|
Things to ask during your early consultation meeting:
|
Consent
How do I divide my land and create a new lot?
One way to divide your land is by applying for a consent (sometimes referred to as a land severance). A consent is the authorized separation ofWhy might I need a consent?
A consent may be required if you want to sell, mortgage, charge or enter into certain other types of agreements (for longer than 21 years) for a portion of your land. If the two parts of your property are split already, by a public road or railway for example, a consent is not needed. In addition to the division of land, rights-of-way and easements may also require a consent. Sometimes, for example, businesses may need an easement to cross over other people’s lands for better delivery of goods, utilities (e.g. underground pipes), or access arrangements. Such easements would require a consent.If several consents for new lots are intended from the same parcel of land, 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.
In considering each consent application, the consent-granting authority evaluates the merits of each proposal against criteria such as:
- consistency with the Provincial Policy Statement, and conformity with applicable provincial plans
- 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
The consent-granting authority can also impose conditions when giving provisional consent which the applicant must meet before a certificate is issued which enables it to be registered in the Land Titles or Registry Office. Some examples may include requirements for road widenings, parkland dedication, or rezoning (or minor variance) to allow a new land use. A survey in the form of a reference plan may be required of the new lot, easement, right-of-way, etc., and this too may be a condition on a provisional consent.
How do I apply for a consent? What information should I provide?
Consent granting authorities across Ontario include: the province, municipalities, committees of council, land division committees, planning boards and municipal planning authorities. Your municipality should be able to tell you who approves consent applications in your area. Before you apply for a consent, 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. You could address these matters during the early consultation meeting for your application and get information about the requirements at the beginning of your application process.
As a business 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 the province through the Minister's regulation as well as additional information which a municipality or planning board may require if it is the consent-granting authority.
If you do not provide all the information prescribed by Minister's regulation and, where applicable, information or material which a municipality or planning board may require, 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 more information provided, the less likely delays will occur in the review process.
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.
How do I appeal a decision on a consent?
If you disagree with a decision of the consent granting authority and you can't resolve the problems with them, you may appeal their decision to the Ontario Municipal Board (OMB). Appeals to the OMB can be made in different ways:
- If your application for a consent is confirmed to be incomplete by the consent-granting authority and you disagree, you may make a motion for directions to have the OMB determine if it is complete. The OMB’s decision would be final.
- If the consent granting authority fails to act on your request for a consent within 90 days of the receipt of a complete application, you may appeal to the OMB.
- You may appeal a consent granting authority’s decision and any condition within 20 days of the notice of decision being given.
- You 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 OMB.
Before making a motion to the OMB or appealing a matter, you are strongly encouraged to attempt to work out a mutually acceptable solution with the consent granting authority.
Municipalities may set up local appeal bodies which can hear appeals of decisions on consents. Where a local appeal body has been established, the local appeal body hears appeals instead of the OMB.
For more information about consents and to review a flowchart of the consent process, see the Citizens’ Guide on Land Severances (Citizens’ Guide 5), at www.ontario.ca/mah.
|
Things to ask during your early consultation meeting:
|
Site Plan Control
Site Plan Control (SPC) allows a municipality to apply development controls over and above those set out in a zoning by-law. It is not a form of zoning, but it can supplement zoning by providing a number of detailed site-specific requirements.
One example of SPC would be a retail plaza where the municipality has placed a site plan control by-law on the lands to ensure the group of buildings and the overall plaza have harmonized design. SPC is generally used to help ensure that:
- Developments are built and maintained in the way that council approved
- New developments meet certain standards of quality and appearance
- Certain heritage or environmental features are preserved
- There is safe and easy access for pedestrians and vehicles
- The appearance and design features of buildings are satisfactory
- There is adequate landscaping, parking and drainage
- Nearby properties are protected from incompatible development, and
- Buildings are accessible for all persons with disabilities.
As a condition of site plan control approval, municipalities may require the owner to provide for a variety of matters such as: land for a road widening, public transit rights-of-way, or other facilities such as off-street parking and loading facilities. Before municipalities can exercise site plan control power, the OP must include policies describing where SPC may be used.
SPC areas must be described in a municipality's OP so that everyone knows where they apply, and then a municipality may pass a by-law identifying all or part of an area as a SPC area.
How might SPC affect my business?
Your business or proposed business may be in a location where SPC applies. If so, you will need to supply plans and/or drawings specifying information that is requested in your municipality’s SPC by-law. When you have an early consultation meeting with the approval authority about your application, you can verify whether your application will be subject to SPC, and identify what will be required to meet the requirements.How might SPC benefit my business?
Site plans are beneficial for community development because they ensure that facilities and amenities are provided, and give guidelines on aesthetics and other important aspects of community design. For example, SPC might provide guidelines for tree planting and the development/alignment of parking spaces or signs, and guidelines on the design of façades for the properties in an area. In the end, SPC can be beneficial to all of the businesses in that area. Through such requirements, SPC can contribute to the development of thriving business areas by creating a unique look and identity for an area.
For more information about SPC in your community and to determine if your property is subject to it, contact your local municipality. It is important to learn as early as possible if SPC applies, because SPC approval is required prior to building permit approval. It should be discussed in your early consultation meeting. If you are also undergoing a rezoning, site plan approval can be applied for at the same time.
How can I appeal a decision on SPC?
If the municipality fails to approve plans or drawings that you have submitted within 30 days, or if as the owner of land you are not satisfied with an SPC requirement and cannot resolve the concerns with the municipality, you can appeal to the OMB. For more information, contact your MMAH Municipal Services Offices. The decision of the board would be final.
|
Things to ask during your early consultation meeting:
|
Building Permits
What is a building permit?
A building permit is a permit for the construction, renovation, demolition and certain changes of the use of buildings, and for the installation, alteration, extension or repair of on-site sewage systems.
Building permits are approved under the Building Code Act 1992, and the Building Code (O.Reg. 350/06) and typically require all of the relevant planning approvals or other approvals to be in place before issuance of a permit. You should consult with your municipality regarding those other relevant planning or other approvals. The Building Code contains a list of applicable laws that a permit applicant must comply with to obtain a permit. Building Code enforcement is generally carried out by municipal building departments, although in the case of on-site sewage systems, enforcement in some areas is conducted by boards of health and conservation authorities.
Why do you need to obtain a building permit?
The Building Code provides detailed regulations and requirements for the construction of buildings. This is to ensure a consistent standard is adhered to across the province, for the purposes of maintaining public health and safety, fire protection, structural sufficiency, environmental conservation, and barrier-free access to buildings for all persons. As such, the Building Code takes into account the interests of both property owners and the community.
When would I need a building permit?
You must obtain a building permit before you:
- construct any new building over ten square meters in area
- make a significant change in the use of a building
- demolish a building
- install a plumbing system (even one not located in a building), and
- install, alter, extend or repair an on-site sewage system.
There are a variety of innovative building materials and technologies that would be permissible under the Building Code, provided that the Building Code’s requirements are met. Contact your local municipality if you have any questions about when a building permit may be required, and how to meet the requirements.
How do I apply for a building permit?
You can get a building permit application form from either your municipality or the Ministry of Municipal Affairs and Housing’s Building Code website under “publications” (visit http://www.obc.mah.gov.on.ca/Page118.aspx ). But, it is a good idea to talk to the staff at your municipality before you apply. You obtain information on the building requirements in an early consultation session with the municipality. They can tell you what information, drawings and plans you will have to include with the application and whether you will need any other permits or approvals. Note that building permit applications are submitted to your municipality, not to the provincial government.
What should be submitted with my application?
When you apply, you will have to attach drawings, plans, and other documents. You may also have to pay a fee. Some municipal websites have checklists or guidelines that indicate what should be included with your application, and these checklists should be reviewed if they are available. In addition, the applicant should consult the municipal building inspector to ensure that the submitted plan includes the information and details required under the municipal by-law.
Is the municipality subject to any timeframes in reviewing a building permit application?
Once you have submitted a building permit application with the required information and documents, the municipality will have between 10 and 30 days to provide a decision, depending on the type of the building.
How do I appeal a decision on my building permit application?
If your municipality refuses your application, you will be told why. If you can't resolve the problems with the municipality, you have a few options for appealing their decision.
- If the dispute relates to technical requirements set out in the Building Code, you may appeal to the Building Code Commission. The Building Code Commission is an independent adjudicative tribunal of the provincial government whose mandate is to hear disputes related to compliance with the technical requirements of the Building Code.
- If the problem relates to a decision of the Chief Building Official, such as compliance with other applicable laws (e.g. a zoning by-law), you can appeal to a judge of the Superior Court of Justice, who will review the decision and decide whether your application complies with the Building Code and the by-law. You may want to talk to a lawyer first. For a complete list of applicable laws, see section 1.4.1.3 of the Building Code.
What happens after my permit is approved?
Once your permit application is approved, you would obtain a building permit and may start your project. Before your project is completed, your property may be occasionally inspected, to ensure that it is being completed according to the permit requirements. Also, under the Building Code the builder is required to notify the municipal building department at various stages of construction, so that the municipality can inspect the property.
Once you have completed your project, you may occupy your building 10 days after you submit a notice of completion to the municipality, to give time for the municipality to inspect the property if it desires.
What permits are required for demolition?
Before you take down all or part of a building, you will have to apply to your municipality for a demolition permit. The process is much the same as for a building permit, but some special situations may affect your application, such as if the building has been designated as a heritage conservation building or falls within a heritage district. For more information, please see the Heritage Conservation section of this guide.
What other permits may be required?
In addition to the planning approvals and building permit which are required for a building project, other permits and approvals may be required in particular circumstances, such as for large buildings that require approvals for their electrical systems, and specialized buildings that may require additional approvals. Your local municipality will be able to tell you which if any apply to your building permit application.
For more information about building permits and to review a flowchart of the building permit process, see the Citizens’ Guide on Building Permits (Citizens’ Guide 8), at www.ontario.ca/mah.
|
Things to ask during your early consultation meeting:
|
Related Initiatives and Programs
There are a number of community development initiatives and programs being undertaken in many municipalities throughout Ontario, which are supportive for businesses. Business Improvement Areas, Community Improvement Plans and brownfield redevelopment are some of the more common community development initiatives. This section contains brief information on each. Consult with your municipality to find out if any of these are in place on your land or where your business is located.
Business Improvement Associations (BIAs)
What are BIAs?
A BIA is typically a volunteer-based organization representing a geographic area of a community (referred to as a Business Improvement Area) in which business enhancement is seen as a priority. A BIA allows local businesses and property owners, with the support of the municipality, to work together to maintain or revitalize an area and help ensure it is attractive for local business. The businesses join together in beautification, promotion, and other activities aimed at stimulating local business in their area.
BIAs are presided over by a board of management. Traditionally, municipalities put the BIA structure in place, and generally approve BIA budgets and appoint one or more of the directors. Once a BIA is approved by a municipal council, businesses operating within the BIA are welcome to become involved in the BIA’s activities. Business owners and tenants in the area are traditionally members. A BIA is traditionally funded by a special levy on the property paid by owners of property designated as industrial or commercial and lessees who pay a portion of the property tax, within the boundaries of the BIA. The amount of the levy is related to the assessment value of the property.
How could BIAs benefit my business?
BIAs provide an opportunity for businesses in a community to work together to revitalize their area and promote it as a good place to do business. Some of the activities which BIAs are frequently involved in include:
- Marketing campaigns
- Business recruitment
- Streetscape improvement
- Seasonal decorations
- Special events, such as community festivals
Revitalization and maintenance may create a cleaner, safer and more vibrant atmosphere that benefits all local businesses. BIAs benefit the businesses that operate within them by seeking to promote their area as a viable place to do business. In the process, they can help reinforce a positive local identity, and provide networking opportunities for the business community.
How can I get involved with my BIA?
As a business owner in your community, you should find out whether or not a BIA is operating in your area, what initiatives it is undertaking, and how you can become involved. You can contact your local municipality at any time to ask if there is a BIA operating in your area, and what activities the BIA has recently undertaken. Additionally, your early consultation meeting on any of your planning applications would be a good time to ask for this information.
For additional background information about BIAs, consult the Business Improvement Area handbook written by the Ministry of Municipal Affairs and Housing, at www.ontario.ca/mah.
Community Improvement Plans (CIPs)
A CIP is a plan for the improvement of a community improvement project area. A community improvement project area refers to “a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason”.
Municipalities may designate community improvement project areas by by-law and develop and adopt CIPs, provided their OPs contain related community improvement policies for guidance. Once adopted, a notice of council’s decision must be provided according to the Planning Act requirements. After the 20 day appeal period expires, if there is no appeal to the Ontario Municipal Board, the community improvement plan comes into effect.
How do they contribute to community development?
CIPs may contain grant and/or loan programs to be directed towards the CIP area. Many of the CIPs currently implemented throughout the province consider local business interests, because of the importance of these areas to local economies. Targeting CIP grant or loan programs in order to help guide and stimulate community economic development may allow municipal priorities to be addressed and may include:- Allowing municipalities to provide grants or loans in commercial areas for façade improvement
- Providing incentives for the cleanup and redevelopment of contaminated lands (see Brownfield Redevelopment below)
For further information about CIPs, consult your municipality or access the Ministry of Municipal Affairs and Housing’s Community Improvement Plan Handbook, 2008 at www.ontario.ca/mah.
Brownfield Redevelopment
What is brownfield redevelopment?
Brownfields are former industrial, commercial or other lands that may have been contaminated from past use, and are now underutilized, derelict or abandoned. Brownfield sites have potential for redevelopment, and are often located in key areas of a community, such as along a waterfront or in a downtown area. Brownfield redevelopment may involve addressing site contamination if necessary, and bringing these lands back into productive use.Brownfield redevelopment offers many advantages to a community and businesses, including the health, environmental, and economic benefits from the clean-up of sites, a more efficient use of land, and a locally unique or specialty attraction area for business, residential and commercial uses. It can offer a ‘win-win’ opportunity for business owners and local residents.
Why might building on a brownfield site benefit my business?
Many brownfields are located in key business areas of a municipality where infrastructure often already exists. Also, many municipalities throughout the province offer incentives for the redevelopment of brownfield sites. Some municipalities also offer exemptions from development charges. Through CIPs municipalities may offer financial incentives in the form of grants, loans, or tax assistance for certain redevelopment of brownfields. Such funding may be tied to specific aspects of the brownfield redevelopment process, such as grants to support the completion of environmental studies or tax assistance to cover the costs of remediation.There are three programs available you should be aware of:
- Through a provincial program known as the Brownfields Financial Tax Incentive Program (BFTIP), municipalities can apply to have the province match the municipal tax assistance that may be offered from the municipality for brownfield redevelopment through a CIP.
- Municipalities can enter into agreement with the province to remove provincial Crown liens from eligible brownfield properties. The process would allow eligible brownfield properties to be advertised as “free and clear” of all provincial Crown liens upon sale.
- For properties designated under the Ontario Heritage Act, municipalities may also provide a 10% to 40% reduction in property taxes under the eligible heritage property provisions.
During your early consultation meeting on any planning applications, if it is determined that you are developing on a brownfield site, you would be encouraged to ask about the full range of options available at the municipal and provincial level, and how you can use them.
How can I redevelop my brownfield site?
To redevelop your brownfield site, you may be required to file a record of site condition (RSC) for your property, unless you are told that a RSC is not required. A RSC is a document that provides information on the environmental condition of the site prior to redevelopment.A RSC is a ‘report card’ on the environmental conditions of the property. It must be certified by a qualified person who may be identified by your local municipality or the province, and this person can tell you what must be done for the RSC to be successfully completed.
For more information about brownfields, the process of redeveloping a brownfield site and the potential benefits available for brownfield redevelopment in your community, please consult the approval authority for your application. For more general information about brownfields and site permitting and remediation, please consult A Practical Guide for Brownfield Redevelopment, at
|
Things to ask during your early consultation meeting:
|
Other Planning Approvals and Regulations
Provincial Plans
In parts of Ontario, there are provincial plans in effect which provide policies with respect to land use planning and development. These plans include:
- The Growth Plan for the Greater Golden Horseshoe
- The Greenbelt Plan
- Oak Ridges Moraine Conservation Plan
- The Niagara Escarpment Plan
- Parkway Belt West Plan
- Central Pickering Development Plan
- The Lake Simcoe Protection Plan
Collectively, these plans provide direction on where and how communities should grow, and the province may add additional plans in the future. For example, growth and intensification is required within the Greater Golden Horseshoe through the Growth Plan, while the Greenbelt Plan protects 1.8 million hectares of agricultural and environmentally sensitive land around the Greater Golden Horseshoe from development.
Please consult the approval authority for your application about whether your application is affected by a provincial plan and the steps required to ensure your application is in conformity with any provincial plans that apply.
Development Permit System (DPS)
What is the DPS?
The DPS is a development tool and approvals process. In an area where a DPS is established, the DPS replaces zoning, site plan control, and minor variance processes. The DPS streamlines development approvals by consolidating these three approvals into one application and approval process. It also has quicker decision timelines than those typically required for the three separate planning approvals. Further, if a municipality does not make a decision on a DPS application within 45 days, instead of 120 days as required for zoning by-law amendment applications, an applicant can appeal that non-decision to the OMB.
How might a DPS benefit my business?
Based on its reduced timelines and streamlining of planning applications, the DPS is intended to make the planning application process faster and easier. A DPS also offers land use planning controls that are not available through other planning approvals. One feature of the DPS is that a development permit by-law may identify “discretionary uses” which can be permitted, subject to specific criteria, without a by-law amendment, in addition to permitted uses. For example, a sidewalk patio for a restaurant could be permitted as a discretionary use. Compared to traditional planning processes the DPS can help avoid a zoning by-law amendment or a minor variance and site plan application.
The use of the DPS is optional by a municipality. In order to use the DPS, a municipality must have official plan policies in place and pass a DPS by-law which clearly states the requirements of the DPS.
How can I get more information about the DPS?
The Ministry of Municipal Affairs and Housing has provided detailed information on the DPS at http://www.ontario.ca/mah. During your early consultation meeting with the approval authority for your application, if the municipality is the approval authority, you can ask if a DPS is in place or if there are any plans to implement one, and what implications this may have for your business proposal.Heritage Conservation
The conservation of cultural heritage and archaeological resources is a matter of provincial and municipal interest in Ontario. For this reason, the Ontario Heritage Act allows individual properties with heritage significance, and geographic areas to be designated by municipalities. This designation as a heritage property or a heritage conservation district provides greater protection for these sites against alteration and demolition.What are Heritage Conservation Districts?
A Heritage Conservation District (HCD) is an identified area of buildings and their external surroundings that are designated for protection that may comprise:- a single building and its surroundings (e.g. laneways)
- a group of buildings and their surroundings
- an entire municipality with a concentration of heritage resources with special character or historical association that distinguishes it from its surroundings
Following the designation of an HCD, any alterations, additions, removals or plans to demolish properties that would affect the character of the site requires permission in writing from the local municipality or from the Minister of Culture, depending on how the designation was approved. Please speak with the approval authority for your application about whether your site has been designated for heritage protection, and how this will affect your application.
Most designated HCDs can be identified easily. Municipalities often keep a register of heritage properties; a listing of all of the current Heritage Conservation Districts in the province.
How might heritage properties and heritage conservation districts benefit my business?
There are many potential advantages to being located in an area designated for heritage protection. Heritage protection makes a building or area more attractive, maintains a sense of historic identity in the community, and can strengthen various industries, such as tourism. As well, there may be municipal financial incentive programs intended specifically for heritage buildings and districts. For example, for properties designated under the Ontario Heritage Act, municipalities may provide a 10% to 40% reduction in property taxes under the Heritage Property Tax Relief Measure.Special Policy Areas (SPAs)
What are SPAs?
Your business or proposed business may be located in a SPA. Under the Provincial Policy Statement, a SPA is an area within a floodplain where site-specific policies, approved by both the Ministers of Natural Resources and Municipal Affairs and Housing, are intended to provide for the continued viability of existing uses, which are generally small in scale. A SPA is intended to address the social and economic hardships to the community that would result from strict adherence to provincial policies concerning development. SPAs are often designated in the business core of a community that is located adjacent to a river on lands that are prone to flooding. The criteria and procedures for approval are established by the Province.
During your early consultation meeting, you should find out if your application is within a SPA. If it is, you should discuss how this affects your application.
Green Energy and Green Economy Act, 2009
The Green Energy and Green Economy Act, 2009 (GEGEA) establishes a new framework for the approval and facilitation of renewable energy development in Ontario. The existing land use planning and environmental approvals for renewable energy projects are replaced by a new, single permitting process coordinated by the Ministry of the Environment and the Ministry of Natural Resources. Under the GEGEA, the following land use planning controls no longer apply to most renewable energy undertakings:
- Official plans
- Zoning, site plan control, holding, interim control and demolition control by-laws, and
- Development Permit System regulations or by-laws.
If you are applying, for a consent to create a new lot, the Planning Act provisions continue to apply. However, the Planning Act facilitates renewable energy projects by allowing leases up to 50 years without obtaining Planning Act approvals (the existing allowable term without needing planning approval is 21 years). Provisions in the Act related to community improvement planning will continue to apply, allowing municipalities to provide financial incentives for renewable energy projects.
The GEGEA also amends the Building Code Act, 1992 by:
- clarifying that energy and water conservation are “purposes” of the Building Code
- providing for regular reviews of the energy conservation provisions of the Building Code, and
- mandating the establishment of a Building Code Energy Advisory Council to advise the Minister on the Building Code with reference to standards for energy conservation.
Ontario Regulation 15/10, under the Green Energy Act, 2009, took effect on February 9, 2010 and designates certain renewable energy installations to assist in the removal of restrictions which may exist in municipal by-laws and certain other legal instruments. Municipal by-laws that prevent or restrict activities in relation to designated installations are inoperative. The regulation provides that certain by-laws related to matters such as tree cutting, groundwater protection and heritage conservation continue to apply. The renewable energy installations designated under the regulation include rooftop and wall-mounted solar photovoltaic and thermal technologies along with ground source heat pump technology.
In addition, the GEGEA amends a number of other government statutes, such as the Electricity Act, 1998, in order to facilitate the development of renewable energy and promote an energy conservation culture.
Information on the Green Energy and Green Economy Act, 2009 is available on the Ministry of Energy and Infrastructure’s web site at: http://www.mei.gov.on.ca/en/energy/gea/
Accessibility for Ontarians with Disabilities Act, 2005
The purpose of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is to implement and enforce accessibility standards to achieve accessibility for all Ontarians with disabilities by 2025. The Act calls on the business community, public sector, not-for-profit sector and people with disabilities or their representatives to develop, implement and enforce mandatory accessibility standards. Businesses and organizations in Ontario must follow these accessibility standards to identify, remove and prevent barriers to accessibility. Land use barriers may include architectural barriers such as stairs, uneven pavement or narrow pathways.In addition to the AODA, the Planning Act and Provincial Policy Statement also provide for policies that require planning authorities to have regard to accessibility for persons with disabilities in their land use planning and development decisions.
Consult with the approval authority for your application to find out the accessibility standards that your application needs to comply with, and/or how your proposed business could further enhance the accessibility for users of all ages or physical differences.
Depending on the location of your proposed business or development, you may need approvals from a conservation authority before your development application can be approved. Consult with your municipality to determine whether your proposed development affects a watershed and requires approvals from a conservation authority.
A conservation authority is a community based, resource management agency that deals with resource management issues that cross municipal boundaries. Responsibilities of a conservation authority include watershed-level analysis of the issues and long-term maintenance of watershed-level data and information.
|
Things to ask during your early consultation meeting:
|
Resources
In addition to the resources provided in this guide, the following are additional resources that might be useful for business owners:
The BizPal website provides businesses with one-stop access to permit and licence information for all levels of government. You will be asked a short series of questions about the nature and scope of your proposed or existing business. Based on your answers, you will get a customized list of permits and licences you need along with more information on how to get them.
This website does provide information on some planning-related approvals, but it should not be used in replacement of an early consultation meeting with the planning approval authority. You may choose to consult the Biz Pal website, and bring the results to your early consultation meeting.
Open for Business
Open for Business is the Ontario Government’s ambitious three-year initiative to create faster, smarter, and streamlined government to business services that make Ontario more attractive for business development while protecting the public interest.
For more information, call 1-888-ONT-4-BIZ (1-888-668-4249) or e-mail openforbusiness@ontario.ca.
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 the Business Guide to Land Use Planning or the Citizens’ Guides to Land Use Planning, visit the Ministry of Municipal Affairs and Housing website at: www.ontario.ca/mah or contact your nearest Municipal Services Office (MSO).
Your MSO can also be contacted if the province is the approval authority for your application. Your nearest MSO can be reached at:
|
MSO |
Areas Covered |
|
Central Municipal Services Office 777 Bay Street, 2nd Floor Toronto ON M5G 2E5 General Inquiry: 416-585-6226 Toll Free: 800-668-0230 |
Dufferin, Durham, Halton, Hamilton, Muskoka, Niagara, Peel, Simcoe, Toronto, York |
|
Western Municipal Services Office 659 Exeter Road, 2nd Floor London ON N6E 1L3 General Inquiry: 519-873-4020 Toll Free: 800-265-4736 |
Brant, Bruce, Chatham-Kent, Elgin, Essex, Grey, Haldimand, Huron, Lambton, Middlesex, Norfolk, Oxford, Perth, Waterloo, Wellington |
|
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 |
|
Eastern Municipal Services Office 8 Estate Lane, Rockwood House Kingston ON K7M 9A8 General Inquiry: 613-545-2100 Toll Free: 800-267-9438 |
Frontenac, Haliburton, Hastings, Kawartha Lakes, Lanark, Leeds & Greenville, Lennox-Addington, Northumberland, Ottawa, Peterborough, Prescott-Russell, Prince Edward, Renfrew, Stormont-Dundas & Glengarry |
|
Northeastern Municipal Services Office 159 Cedar Street, Suite 401 Sudbury ON P3E 6A5 General Inquiry: 705-564-0120 Toll Free: 800-461-1193 |
Algoma, Cochrane, Manitoulin, Nipissing, Parry Sound, Sudbury, Timiskaming |
For More Information
MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING
Provincial Planning Policy Branch (416) 585-6014
Website: Ontario.ca/MunicipalLearning
Open for Business: A Business Guide on Land Use Planning
Produced by the Ministry of Municipal Affairs and Housing
Municipal Programs & Education Branch
ISBN 978-1-4435-4848-9 (PDF)
ISBN 978-1-4435-4849-6 (html)
© Queen's Printer for Ontario, 2010
10/10
Disponsible en français
All references to the Provincial Policy Statement (PPS) in this document refer to the Provincial Policy Statement, 2005. Please note that a review of the PPS is required at least every 5 years from the time it was issued. For more information on the PPS, applicants should visit the Ministry of Municipal Affairs and Housing website: www.ontario.ca/mah


