Provincial Amendments to the Greenbelt Plan

The Greenbelt Plan is a Provincial Plan approved in 2005 that covers approximately 810,000 hectares of land around the Greater Golden Horseshoe area. The Greenbelt Plan provides regulatory protection from urban development and establishes policies to:

1. Prevent further loss of farmland and natural heritage;
2. Restrict urban sprawl; and,
3. Work with the Growth Plan to develop vibrant communities where people can live, work, and play

On December 16, 2022, the Government of Ontario removed approximately 795 hectares of land in the City of Hamilton from the Greenbelt Plan within the three areas here:

Greenbelt Removal Lands

This was a Government of Ontario decision. The City of Hamilton was not involved in the decision to remove lands from the Greenbelt.

No. The City of Hamilton opposes the removal of these lands from the Greenbelt Plan with City Council approving the following motion on February 8, 2023:

“(b) That the Minister’s decision to remove 795 hectares of land from the Greenbelt Plan is unnecessary and is not supported by the City of Hamilton.”

The lands removed from the Greenbelt Plan by the Government of Ontario are not located within the Hamilton Urban Boundary.  The 795 hectares of land taken out of the Greenbelt Plan are over and above the 2,200 hectares of land added to the Urban Boundary by the Government of Ontario.

On June 8, 2023 the Government of Ontario gave Royal Assent to Bill 97, which, among other things, amended the Planning Act to give the Ontario Minister of Municipal Affairs and Housing additional authorities to exempt certain subsequent approvals required to establish uses permitted by Minister’s Zoning Orders from having to align with provincial plans or local Official Plan policies. In addition, Bill 97 provides authority to the Ontario Minister of Municipal Affairs and Housing to require landowners to enter into development agreements with the Minister or municipality in matters where the Provincial Land and Development Facilitator or the Deputy Facilitator has been directed by the Minister.

The Provincial Land and Development Facilitator is appointed by the Ontario Minister of Municipal Affairs and Housing with the stated role of providing impartial facilitation services or by acting as a negotiator on behalf of the province.

Should development proceed through a Minister’s Zoning Order, the City of Hamilton anticipates that the lands would be predominately developed into residential uses. However, at this time no development concept or subdivision plan has been provided that shows the location, type and density of housing to be constructed.

The City of Hamilton expects the Government of Ontario will use its powers to issue a Minister’s Zoning Order to approve new urban development within the former Greenbelt Plan areas. This means that there would be no municipally led Secondary Plan process to establish a detailed land use plan along with policies respecting densities, design and infrastructure based on public input and technical studies.

The Planning Act authorizes the Ontario Minister of Municipal Affairs and Housing to make a Minister’s Zoning Order (MZO) for regulating the use of land, buildings and structures anywhere in Ontario. If there is a conflict between a Minister’s Zoning Order and a municipal zoning by-law, the Minister’s Zoning Order prevails. Minister’s Zoning Order decisions cannot be appealed to the Ontario Land Tribunal (OLT).

The Government of Ontario’s Land and Development Facilitator has engaged with the City of Hamilton on these lands and has indicated that the City will have an opportunity to provide input with respect to development objectives for these lands as well as to negotiate and request certain “community benefits,” above and beyond standard Planning Act requirements.

Development Objectives refers to how new neighbourhoods should look and function. This includes the types of land uses and residential densities together with the type, location and design of new streets, parks, trails and other infrastructure to support the development.

Through a municipally led planning process, these development objectives would be determined and established through a Secondary Plan which would involve the preparation of technical studies, public engagement and require approval from City Council. The Province’s decision to pursue a Minister’s Zoning Order circumvents this process.

The Government of Ontario has not provided clear guidance on what would and would not constitute a “Community Benefit” except that it would be a contribution to the community over and above what the City can require under the Planning Act. Areas for consideration with respect to community benefits would include:

• Provision of affordable housing;
• “Re-wilding” and enhancements to the Natural Heritage System above and beyond the City’s natural heritage standards;
• Protection of heritage resources;
• Implementation of green development standards;
• Payment of full Development Charges and Parkland Dedication, above and beyond the post-Bill 23 requirements.

The Government of Ontario has indicated that significant progress on approvals and implementation of residential development of the Greenbelt removal lands is to be achieved by the end of 2023, and that development must be substantially underway by no later than the end of 2025. Furthermore, based on the Environmental Registry of Ontario posting, it is the City’s understanding that the Province also expects that proponents would upfront the funding of any necessary infrastructure to service the subject lands, in accordance with local cost sharing policies. 

The City is not required to engage with the Provincial Land and Development Facilitator. City Council has decided to provide input to the Facilitator under protest following a special meeting of Planning Committee. The special Planning Committee meeting will receive feedback from Hamilton residents on what residents’ priorities and expectations should be respecting these lands. In addition, City staff will be scheduling an Open House prior to the Planning Committee meeting to allow residents an additional opportunity to learn about what is happening and provide comment.

The open house was held on Wednesday, September 6, 2023 from 6:30 to 8:30 pm.

The date of the Special Meeting of Planning Committee is Thursday, September 14, 2023 beginning at 6:30 pm.
NOTE: The City is currently reviewing alternate venues for this meeting that meets City Council's criteria. Confirmation of the time and location will be posted as soon as possible.

Notice of the meeting will be posted on the City’s website, advertised in the newspaper and communicated through social media.

Form a delegation to speak to Planning Committee

Yes. The City will be accepting written and/or online submissions prior to the Planning Committee meeting. Details on how to provide comments will updated on this page.

To help determine the City of Hamilton’s priorities for development objectives and community benefits within the lands removed from the Greenbelt to be conveyed to the Provincial Land and Development Facilitator.

The City of Hamilton also opposes the removal and any urban development of the lands removed from the Greenbelt Plan. City Council provided direction on July 14, 2023 to provide public input to the Provincial Land and Development Facilitator under protest. Understanding the Government’s of Ontario’s powers and authority to issue a Minister’s Zoning Order to develop these lands, the City’s engagement is focused around the development objectives and community benefits associated with development.

It is recommended that any comment opposing the removal of these lands from the Greenbelt Plan be submitted directly to the Government of Ontario. Any public comments received through the City’s engagement to this effect will also be recorded and conveyed to the Province.

At this time the cost of servicing the former Greenbelt lands, including any necessary infrastructure upgrades to existing water, wastewater, stormwater and transportation surrounding the lands has not been determined.