Planning Act

ONTARIO REGULATION 232/18

INCLUSIONARY ZONING

Definitions

1. In this Regulation,

“inclusionary zoning by-law” means a by-law passed under section 34 of the Act to give effect to the policies described in subsection 16 (4) of the Act; (“règlement municipal relatif au zonage d’inclusion”)

“non-profit housing provider” means

(a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing,

Note: On the day subsection 211 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, clause (a) of the definition of “non -profit housing provider” in section 1 of the Regulation is revo ked and the following substituted: (See: O. Reg. 232/18, s. 9)

  1. a corporation to which the Not-for-Profit Corporations Act, 2010 applies that is in good standing under that Act and whose primary object is to provide housing,

  2. a corporation without share capital to which the Canada Business Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing,

  3. a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act, or

  4. an organization that is a registered charity within the meaning of the Income Tax Act (Canada) or a non-profit organization exempt from tax under paragraph 149 (1) (l) of that Act, and whose land is owned by the organization, all or part of which is to be used as affordable housing; (“fournisseur de logements sans but lucratif”)

“offsite unit” means an affordable housing unit that is required in an inclusionary zoning by -law and that is erected or located in or on lands, buildings or structures other than those that are the subject of the development or redevelopment giving rise to the by-law requirement for affordable housing units. (“ logement hors site ”)

Assessment report

2. (1) An assessment report required by subsection 16 (9) of the Act shall include information to be considered in the development of official plan policies described in subsection 16 (4) of the Act, including the following:

  1.  An analysis of demographics and population in the municipality.

  2. An analysis of household incomes in the municipality.

  3. An analysis of housing supply by housing type currently in the municipality and planned for in the official plan.

  4. An analysis of housing types and sizes of units that may be needed to meet anticipated demand for affordable housing.

  5. An analysis of the current average market price and the current average market rent for each housing type, taking into account location in the municipality.

  6. An analysis of potential impacts on the housing market and on the financial viability of development or redevelopment in the municipality from inclusionary zoning by-laws, including requirements in the by-laws related to the matters mentioned in clauses 35.2 (2) (a), (b), (e) and (g) of the Act, taking into account:

    1. value of land,

    2. cost of construction,

    3. market price,

    4. market rent, and

    5. housing demand and supply.

  7. 7. A written opinion on the analysis described in paragraph 6 from a person independent of the municipality and who, in the opinion of the council of the municipality, is qualified to review the analysis.

(2) The analysis described in paragraph 6 of subsection (1) shall take into account the following related to growth and development in the municipality:

1. Provincial policies and plans.