Important Information Regarding New City of Toronto Zoning By-Law — Update Regarding Proposed Amendments and Potential Repeal

Further to our March 2011 e-Alerts on the New City of Toronto Zoning By-law, we can now report to you that at its meeting on April 12 and 13, 2011, City of Toronto Council did not repeal the New By-law, but instead determined as follows:

  • The proposed amendments to the New By-law, embodied in 10 separate amending by-laws, were approved and the amending by-laws were enacted; and
  • a Public Meeting will be held on May 10, 2011 to consider the possible repeal of the New By-law.

City Council’s decision leaves open the possibility of repeal of the New By-law following the May 10 Public Meeting convened specifically to discuss repeal. The outcome of the May 10 Public Meeting will be considered by Council at its next meeting, currently scheduled for May 17, 2011.

Although the Planning Act does not require a Public Meeting in order to repeal the New By-law, Council’s decision to hold a Public Meeting may be based on additional practical and political considerations.

Absent instructions to the contrary, we intend to make representations at the May 10 Public Meeting on behalf of our appellant clients in support of the repeal of the New By-law, consistent with our earlier submissions on the matter.

Given Council’s adoption of the 10 Amending By-laws, we will be assessing whether appeals of those by-laws are warranted. The City Clerk has 15 days to issue Notice of adoption of the 10 Amending By-laws. The deadline for appeals will be 20 days from the day that the Notice is given.

The appeal deadline may fall either before or immediately after Council’s May 17 consideration of this matter. As a result of this timing, we may be required to prepare and file appeal materials even if the New ZBL is ultimately repealed.

We will provide further updates as the process continues.