Last week, we wrote about the announcement of proposed changes to the Planning Act to allow zoning infractions to be enforced through a municipal Administrative Monetary Penalty System (“AMPS”).
See: Province Proposing AMPS Penalties for Zoning Infractions
This amendment has now been set out in Schedule 7 of Bill 119, the proposed Protecting Ontario’s Streets and Communities Act, 2026. It is being debated at Second Reading today (May 28, 2026) and has been posted on the Environmental Registry of Ontario for a 30-day commenting period, ending June 25, 2026.
The key addition to the Planning Act is proposed to read:
67.2 (1) A local municipality may require a person, subject to such conditions as the local municipality considers appropriate, to pay an administrative penalty if the local municipality is satisfied that the person has failed to comply with any provisions of a by-law of the local municipality respecting the matter described in paragraph 1 of subsection 34 (1).
It refers to the first paragraph of section 34(1) which authorizes a zoning by-law to prohibit the use of land except for the purposes set out in the by-law:
Zoning by-laws
34 (1) Zoning by-laws may be passed by the councils of local municipalities:
Restricting use of land
1. For prohibiting the use of land, for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or abutting on any defined highway or part of a highway.
This will be an important tool for municipalities who will be able to ensure compliance with the permitted uses in their zoning by-law by individuals who continue illegal uses and refuse to stop. The current options of charging a property owner under the Provincial Offences Act or bringing a court application under section 440 of the Municipal Act, 2001 can be undesirable options because of the time and expensive of pursuing these avenues.
Written by Sarah Hahn
This article is also published on Municipal Matters