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The Sky is Not The Limit: New Flight Path MZOs Reduce Potential Height of Development in Toronto’s Downtown

01/31/2024

On Friday, January 26, 2024, the Minister of Municipal Affairs and Housing issued a Ministerial Zoning Order (MZO), O. Reg. 10/24, reducing the heights of the protected air ambulance flight paths for St. Michael’s Hospital and the Hospital for Sick Children (SickKids). The air ambulance flight paths serve to protect the airspace around hospitals from encroachment from new development, as well as construction cranes. Included in this article are copies of the issued mapping confirming the new height of the flight paths.

Notably:

  1. There is no right of appeal for this MZO and it is now in force,
  2. Except where a building permit has been issued, all proposed and approved developments which will protrude into the new flight path will need to reduce heights to conform to the new flight path,
  3. All permanent projections for developments must fit within the flight path, however, cranes and construction equipment may be permitted in certain circumstances.

This MZO will expire on May 30, 2025. It is expected that the City of Toronto will update Zoning By-law 1432-2017, which established the previous heights for the St. Michael’s Hospital and SickKids flight paths, prior to the expiry of the MZO to incorporate these requirements into the City’s zoning by-laws going forward.

Map No. 345 (Click image for full size.)

Map No. 346 (Click image for full size.)

This publication is a general summary of the law. It does not replace legal advice tailored to your specific circumstances.

For more information, please contact the authors of this article or any member of our Municipal, Planning & Environmental Group.