Item - 2025.PH21.1

The Planning and Housing Committee recommends that:

1. City Council adopt Official Plan Amendment 804 in accordance with Attachment 1 to the report (April 23, 2025) from the Chief Planner and Executive Director, City Planning as amended by the following:

a. Delete and replace part 2 as follows:

2. Chapter 2, Shaping the City, 2.2.4 Employment Areas, Policy 2.2.4.2 d) is amended by:

a. deleting the words “new office buildings” and replacing with the word “offices”; and

b. deleting the words "particularly in business parks along the Don Valley corridor and/or within walking distance to higher order transit” and replacing with the words "where permitted".

Such that the policy 2.2.4.2 d) reads as follows:

d) provide opportunities for offices, where permitted;

b. Delete and replace part 3 as follows:

3. Chapter 3, Building a Successful City, 3.5.1 Creating A Strong and Diverse Civic Economy, Policy 3.5.1.2 a) is amended by:

a. deleting the comma after the words “Mixed Use Areas”;

b. adding the word “and” before the words “Regeneration Areas”; and

c. deleting the words " and Employment Areas".

Such that policy 3.5.1.2 a) reads as follows:

a) stimulates transit-oriented office growth in the Downtown and the Central Waterfront, the Centres and within walking distance of existing and approved and funded subway, light rapid transit and GO stations in other Mixed Use Areas and Regeneration Areas;

c. Delete and replace part 4 as follows:

4. Chapter 4, Land Use Designations, 4.6 Employments Areas, unshaded introductory text, paragraph 3, is amended by:

a. adding the word “associated” after the words “major roads where”;

b. deleting the comma after the word “retail”;

c. adding the words “and ancillary” before the word “service”;

d. deleting the words “and restaurant” after the word “service”;

e. adding the words “and employment uses” after the words “can serve workers”; and

f. deleting the words “Automobile dealerships are permitted as a retail and service use in a General Employment Area.”.

Such that paragraph 3 reads as follows:

General Employment Areas are generally located on the periphery of Employment Areas on major roads where associated retail and ancillary service uses can serve workers and employment uses in the Employment Area and would also benefit from visibility and transit access to draw the broader public. Retail uses on the periphery of Employment Areas frequently serve as a buffer between industries in the interior of Employment Areas and nearby residential areas. In addition to all of the uses permitted in a Core Employment Area, the uses identified in Policy 4.6.3 are also permitted in General Employment Areas.

d. Delete and replace part 5 as follows:

5. Chapter 4, Land Use Designations, 4.6 Employments Areas, unshaded introductory text, paragraph 4 is amended by:

a. deleting the words “All types of retail are provided for in a General Employment Areas. However, because major retail developments have the potential for greater impacts, they may be permitted only through an amendment to this Plan and the enactment of a site specific zoning by-law by way of a City-initiated Municipal Comprehensive Review.”

Such that paragraph 4 reads as follows:

All land designated Core Employment Areas and General Employment Areas contribute equally to the achievement of economic development and growth objectives.

e. Delete and replace part 8 as follows:

8. Chapter 4, Land Use Designations, 4.6 Employment Areas, Policy 4.6.3 is amended by:

1. deleting the words “restaurants and all types of” after the words “also include”;

2. adding the word “associated” before the word “retail”; and

3. adding the word “ancillary” before the word “service”.

Such that policy 4.6.3 reads as follows:

General Employment Areas are places for business and economic activities generally located on the peripheries of Employment Areas. In addition to all uses permitted in Policies 4.6.1 and 4.6.2, permitted uses in a General Employment Area also include associated retail and ancillary service uses.

f. Add the following as part 10 and renumber all subsequent parts:

10. Chapter 4, Land Use Designations, 4.6 Employment Areas, Policy 4.6.5 is amended by deleting the words “as the primary use” before the words “in General Employment Areas”

g. Add the following as part 11 and renumber all subsequent parts:

11. Chapter 4, Land Use Designations, 4.6 Employment Areas, Policy 4.6.6 is amended by deleting the words “as the primary use” before the words “in General Employment Areas”

h. Delete and replace renumbered part 12 as follows:

12. Chapter 4, Land Use Designations, 4.6 Employment Areas, is amended by adding new Policies 4.6.9 and 4.6.10 as follows:

CONTINUATION OF LAWFULLY ESTABLISHED USES

4.6.9. Pursuant to subsections 1 (1.1) and (1.2) of the Planning Act, uses in Core Employment Areas that are excluded from the definition of "area of employment" in subsection 1(1) of the Planning Act by paragraph 2 of that definition, are authorized to continue so long as the use has been lawfully established on the parcel of land before October 20, 2024.

4.6.10. Pursuant to subsections 1 (1.1) and (1.2) of the Planning Act, uses in General Employment Areas that are excluded from the definition of "area of employment" in subsection 1(1) of the Planning Act by paragraph 2 of that definition, are authorized to continue so long as the use has been lawfully established on the parcel of land before October 20, 2024.

i. Add the following as renumbered part 15 and renumber all subsequent parts:

15. Chapter 6, Section 7, Downsview Secondary Plan, 12. Location-Specific Policies, 12.1 Downsview Centre, Schedule 1, is amended by:

a. deleting “Downsview Park General Employment Areas Uses **” from Column 2 and replacing it with “Museums, Recreation Facilities (excepting Community Recreation Centres), Cultural Uses, Theatres, Educational Uses, Market Areas;” and

b. deleting “** Uses permitted by Policy 12.2.3 a).” from the footer.

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.

8. City Council direct the Chief Planner and Executive Director, City Planning to undertake a further review of the Official Plan against the new Provincial Planning Statement 2024 and to bring forward any additional necessary amendments to the Official Plan to ensure consistency with the new Provincial Planning Statement 2024 by the fourth quarter of 2025. 

9. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Economic Development and Culture, to carry out additional stakeholder consultation with the Toronto Industry Network and major facilities and industrial uses/facilities in the Employment Areas proposed for removal in Official Plan Amendment 804.

10. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Economic Development and Culture, to undertake City-led land use compatibility studies having regard to Official Plan Policies 2.2.4.5 to 2.2.4.10 to lead and inform the determination of land uses in the required local area studies to ensure the protection of the long-term economic viability of major facilities, industries, and supportive businesses in the proposed Regeneration Areas of Official Plan Amendment 804, which may include redesignated lands back to Employment Areas.

The Planning and Housing Committee:

1. Directed the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor to remove references to the Growth Plan for the Greater Golden Horseshoe and the Municipal Comprehensive Review, in Chapter 2, Shaping the City, Section 2.2.4 Employment Areas: Supporting Business and Employment Growth, and Chapter 4, Land Use Designations, Section 4.6 Employment Areas, and bring forward any updates to Official Plan Amendment 804 in Attachment 1 to the report (April 23, 2025) from the Chief Planner and Executive Director, City Planning, through the submission of the Bill to City Council.

The Planning and Housing Committee held a special statutory public meeting on May 8, 2025, and notice was given in accordance with the Planning Act.

The Project Manager, Official Plan and Legislation gave a presentation on PH21.1: Official Plan Amendment (OPA) 804 to Align Employment Area Policies with Planning Act and PPS 2024 Changes.

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.