MZOs (Ministerial Zoning Orders) and CIHAs (Community Infrastructure and Housing Accelerator)
A Municipal Zoning Order (MZO) and Community Infrastructure and Housing Accelerator (CIHA) is a tool the Province may use to change the zoning (i.e. the permitted uses and associated regulations such as setbacks) to allow the development of the land. An MZO is a regulation of the Planning Act.
In accordance with Section 47 of the Planning Act, the Minister of Municipal Affairs and Housing may issue an MZO. MZOs are issued at the sole discretion of the Minister.
Despite being a rarely used power for decades, MZO requests have become more frequent in Ontario since 2020. Since 2020, the Province has issued 4 MZO's in Caledon, 3 of which had Council support.
MZOs in Effect
For a list of MZOs in effect in Caledon, please refer to the zoning page.
Proposed MZOs in Caledon
The Town is currently reviewing the following MZOs:
Frequently Asked Questions (FAQs)
The Town has developed a list of FAQs about MZOs and CIHAs.
The Town's Procedure
The Town has established a streamlined and transparent procedure for the evaluation of MZOs and CIHAs which was approved by Council most recently in June 2023. While the Town has established a procedure, there is no guarantee that the Minister will consider the Procedure or the Town’s comments and position as part of the issuance of a MZO/CIHA.
The Procedure helps with:
- Council making informed decisions on requests
- Town staff in evaluating requests and ensuring the process is transparent
- The Ministry, agencies and indigenous communities in understanding the requests, associated process, providing feedback and evaluating requests
- The public in understanding the requests, the process and providing feedback
- The applicant in understanding the expectations and process
The Town recognizes that the discretion to issue a MZO or CIHA order lies solely with the Minister of Municipal Affairs and Housing.
The Procedure has been developed in consultation with Town staff, the Region of Peel, Conservation Authorities, Provincial staff and other stakeholders.
The complete background and detailed account of the Procedure and its development is outlined in:
- Staff Report 2023-0213, brought forward to Committee on May 16, 2023 and ratified by Council on May 23, 2023.
- Staff Report 2023-0318, brought forward to Committee on June 13, 2023 and ratified by Council on June 20, 2023.
The Procedure may be amended for housekeeping matters by the Chief Planner/Director of Planning. More significant amendments and updates will require further Council approval.
Application of the Tool: MZO vs. CIHA
The Town will prefer the use of the CIHA over the MZO. The Town will aim to redirect private-initiated requests for MZOs to CIHA requests instead. The Town will consider the use of CIHA requests for appropriate Town-led initiatives.
Should a request be received by Council, Council will consider referring the matter to staff to follow the appropriate procedure.
The Town will not seek to advance MZOs or CIHAs for lands that are under active appeal at the Ontario Land Tribunal (OLT).
Process
The process for requesting an MZO or CIHA is outlined below. Staff may recommend that a CIHA/MZO request received may instead proceed through the typical development process
Planning staff encourage applicants making a privately-initiated request for a MZO or CIHA to attend an Inquiry Meeting and/or Preliminary (PARC) Meeting to discuss the proposed request with Planning staff and obtain application requirements.
Step 1: Request Made or Received |
A privately-initiated request for a MZO or CIHA is received by the Chief Planner/Director, Planning Department. The request shall include:
Upon review of the required documents and information requested, staff may request additional studies. Should a request be received by Council, Council will consider referring the matter to staff to follow the appropriate procedure. OR A Town-initiated request for a CIHA is completed through a staff report to Council explaining:
To continue with the request, Council must direct staff to proceed. |
Step 2: Notice and Consultation |
Within 10 days of receiving the request or direction from Council, Planning staff will provide notification and initiate consultation. A commenting period of approximately 30 days, but no less than 20 days, will remain open for agencies, indigenous communities, and the public. Interested parties may request to be on the notification list. Since MZOs and CIHAs are tools to expedite provincial priority projects, the reduced commenting period may make it challenging for the Town to hear from all commentors. The Town will note any outstanding comments in the staff Recommendation Report. a) Council will be notified by email and a meeting will be arranged with the Mayor, Regional and Area Councillor for the area of the subject lands. b) Affected agencies and departments will be circulated the request together with all supporting material received. In considering which agencies and departments to consult with, Planning staff will use the basis of consultation for Zoning By-law Amendments, and expand to other agencies/departments, as required based on the proposal. c) The Town will initiate a peer review of the Fiscal Impact Study, working with a qualified consultant to receive comments. d) Consultation will be initiated with the Indigenous Nations in accordance with the Town’s engagement protocols. e) A public meeting will be scheduled. f) A webpage will be created on the Town’s website, detailing the request, uploading all supporting material, identifying the status and next steps. g) The public will be notified as follows: i. By placing a notice on the dedicated Town webpage for the project. i. By newspaper to the Caledon Enterprise and Caledon Citizen, and to any other newspaper required to ii. By signage on each public road frontage of the subject lands pertaining the MZO/CIHA request. The sign will include the details of the request (utilizing visuals), the lead planner, how to obtain information, the next steps and the date, time and location of the public meeting. iii. By mailout:
The mailout notice will include the details of the request (utilizing visuals), the lead planner, how to obtain information, the next steps and the date, time and location of the public meeting. h) All “interested parties” requesting notice of the Committee/Council Meeting and decision will be tracked. |
Public Meeting |
A public meeting will be held on the request no earlier than 20 days before notice is provided in the manner outlined above. The public meeting may be held during an existing scheduled Committee or Council Meeting date, or at another date and time as determined by the Chief Planner/Director. While the Town will attempt to avoid meetings in July and August, since MZOs and CIHAs are tools to expedite provincial priority projects, special meetings may be scheduled. The public meeting may also be held at the same time as the presentation of the Recommendation Report (see Step 3 below). The Public Meeting will consist of:
The presentation, staff report and other pertinent information will be uploaded to the Town’s dedicated webpage. |
Step 3: Recommendation Report |
Planning staff will bring forward a report to Council with a recommendation for Council’s consideration on the MZO or CIHA, evaluating the request against the Procedure and including all comments received. Upon finalization of the report and close to the Committee/Council meeting agenda release date, Planning staff will notify interested parties of the report, meeting dates and options to delegate. The dedicated webpage will be updated to reflect the Report being brought forward and the meeting dates. |
Step 4: Council Decision |
Council will make a decision on the requested MZO or CIHA by resolution, a copy of which will be forwarded to the requestor, the Chief Planner/Director of Planning, and the Ministry of Municipal Affairs and Housing. Note: The Ministry has the authority to issue an MZO even if Council does not support the request. Planning staff will update the webpage with the decision of Council. a) Should Council refuse the request, Planning staff will: i. Remove the signage on the subject lands. ii. Notify interested parties of the decision of Council. iii. Notify owners of the decision of Council by mailout:
The mailout notice will include the details of the request (utilizing visuals), the lead planner, how to obtain information and the decision of Council. b) Should Council approve the request, Planning staff will: i. Update the signage on the subject lands to reflect Council’s decision and the signs will remain on the property for 90 days. ii. Notify interested parties of the decision of Council. iii. Notify owners of the decision of Council by mailout:
The mailout notice will include the details of the request (utilizing visuals), the lead planner, how to obtain information and the decision of Council. |
Step 5: Notify the Applicant and Ministry of Municipal Affairs and Housing |
Planning staff will submit the Council resolution to the Ministry of Municipal Affairs and Housing and work with the Ministry and the applicant on the next steps for the request and to ultimately bring the development to fruition. The Town will continue to update the dedicated webpage for the project. |
Step 6: Issuance of a MZO or CIHA by the Province |
Should the Ministry of Municipal Affairs and Housing issue an MZO or CIHA, Planning staff will inform Council and the community of the decision. a) Planning staff will update the webpage with the decision of Council. b) Planning staff will: i. Require the owner to post or update the signage on the subject lands to reflect the issuance of the MZO or CIHA and the signs will remain on the property for 90 days. ii. Notify interested parties of the issuance of the MZO or CIHA. iii. Notify owners of the issuance of the MZO or CIHA by mailout:
The mailout notice will include the details of the MZO or CIHA (utilizing visuals), the lead planner and how to obtain information on the proposed development. |
Evaluation Criteria
The following table outlines a number of evaluation criteria to be used in considering requests for MZOs and CIHAs.
Request Details |
A clear Cover Letter will be required to outline the request, the proposed development and listing all enclosed documentation to support the request. The fee payment is also required.
Privately-initiated requests will require a Business Case that justifies the extraordinary need for the request.
A complete Planning Justification Report that includes:
The applicant may want to consider submitting additional studies/material to explain how the procedure and evaluation criteria have been met. The applicant will submit a Statement on Infrastructure Capacity. The Statement would be similar to a high-level functional servicing report and will include modelling and servicing plans that demonstrate a viable servicing option and demonstrate capacity. Details may include obligations for necessary infrastructure, cost implications for servicing, peer review of studies, etc. The Statement shall also include an exploration of the transportation systems, and the related impacts and benefits of the proposed MZO or CIHA on those systems. Details may include obligations for necessary infrastructure, cost implications, etc. Upon review of the request and the required documents, additional studies may be required. |
Process Conformity |
The request will be evaluated against the process as outlined in this Procedure. |
Alignment with Priorities |
The request will be evaluated against the alignment with Town’s Strategic Plan priorities and provincial priorities (such as affordable housing, transit-oriented communities, health care and others). |
Alignment with Planning Policy Framework |
The Town will require consistency with the Provincial Policy Statement and Provincial Plans. The Town will refrain from asking the Province (in the Council resolution) that specific subsequent approvals not be subject to the Provincial Policy Statement, Provincial Plans and Official Plans. |
“Good Planning” and Responsible Growth Management |
The Town will require alignment with Caledon’s Growth Management and Phasing Plan and support for Caledon’s Housing Pledge. The Town will look to receive confirmation from environmental reviewers (i.e. the Ministry of Natural Resources and Forestry, Ministry of Environment, Conservation and Parks, Conservation Authority, Town staff and peer reviewers) that the proposed request does not negatively impact the environment and that there will be a net ecological benefit. The Town will include wording in Council resolutions on ensuring post-MZO or post-CIHA development application review, ensuring that:
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Financial Implications |
The Town will require a Fiscal Impact Study which analyzes matters including:
The study will be peer reviewed at the sole cost of the requestor. |
Community Implications |
The Town will evaluate the request against the following:
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Infrastructure Capacity Analysis |
The Town will require details on infrastructure capacity and delivery for the proposed development. The requestor will submit a Statement on Infrastructure Capacity and associated financial impacts, for review by both the Town and Region of Peel. |