Item - 2025.PH21.1

The Chief Planner and Executive Director, City Planning recommends that:

1. City Council adopt Official Plan Amendment 804 in accordance with Attachment 1.

2. City Council repeal Official Plan Amendment 668 (By-law 1107-2024) and Official Plan Amendment 680 (By-law 1108-2024) upon Official Plan Amendment 804 coming into full force and effect.

3. City Council authorize the Chief Planner and Executive Director, City Planning to seek approval of the Minister of Municipal Affairs and Housing of Official Plan Amendment 804 under Section 26 of the Planning Act.

4. City Council direct the Chief Planner and Executive Director, City Planning, to study affordable housing requirements as part of any secondary plan study that would implement the policies of Official Plan Amendment 804.

5. City Council authorize the City Solicitor to make such stylistic and technical changes to the recommended Official Plan Amendment 804 as may be required.

6. City Council declare by resolution to the Minister of Municipal Affairs and Housing that Official Plan Amendment 804 has regard to the matters of Provincial Interest in Section 2 of the Planning Act; and is consistent with policy statements issued under subsection 3(1) of the Planning Act.

7. City Council request the Minister of Municipal Affairs and Housing to issue a regulation respecting any transitional matters arising from the implementation of the Provincial Planning Statement 2024 and City of Toronto Official Plan Amendment 804.

This report recommends adoption of Official Plan Amendment 804 (OPA 804) to align the Official Plan with the new provincial definition of "area of employment" in the Planning Act and "employment area" in the Provincial Planning Statement 2024 (PPS 2024). This report also recommends the redesignation of 255 hectares across four Employment Areas, largely planned as office business parks, in alignment with these new provincial definitions. These amendments are intended to ensure Toronto's Employment Areas can thrive and support economic growth.

Bill 97 narrowed the definition of "area of employment" in the Planning Act and introduced a transition provision to allow municipalities to authorize the continuation of “lawfully established” uses that have been excluded from the new definition.

Council adopted two Official Plan Amendments to respond to these Provincial changes. Official Plan Amendment (OPA) 668 was adopted by Council on July 19, 2023, to authorize the continuation of lawfully established uses in Employment Areas. Official Plan Amendment 680 was adopted by Council on July 24, 2024, to align land use permissions in Employment Areas with the amended definition of "area of employment" in the Planning Act.

Shortly after Council's enactment of Official Plan Amendments 668 and 680, the Minister of Municipal Affairs and Housing filed Ontario Regulation 396/24 on October 10, 2024. This regulation removes Council's delegated approval authority specifically for Official Plan Amendments 668 and 680 and provides that the Minister is now the approval authority for these two Official Plan Amendments.

After the Minister filed O. Reg. 396/24, the Ministry of Municipal Affairs and Housing (MMAH) suggested that the City consider:

- revoking Official Plan Amendment 668 and 680;

- removing certain lands, in alignment with the Planning Act and Provincial Planning Statement 2024; and

- proceeding through a section 26 Official Plan Amendment which would require the approval of the Minister of Municipal Affairs and Housing.

This report recommends adoption of Official Plan Amendment 804 (OPA 804) to respond to these requests.

City Planning confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact Section.