A municipality wants to implement inclusionary zoning requiring affordable housing units in new developments. What legal consideration is most critical for enforceability?
Correct Answer
B) The requirement must be supported by provincial enabling legislation
Inclusionary zoning powers must be explicitly granted by provincial legislation, as municipalities can only exercise powers specifically delegated to them by the province. Without clear legislative authority, such requirements may be challenged as ultra vires (beyond municipal jurisdiction).
Why This Is the Correct Answer
Option B is correct because municipalities in Canada are constitutional creatures of the provinces and can only exercise powers explicitly delegated to them through provincial legislation. Under section 92(8) of the Constitution Act, 1867, municipal institutions fall under provincial jurisdiction. For inclusionary zoning to be legally enforceable, the province must first grant this specific power through enabling legislation such as planning acts or municipal acts. Without this legislative foundation, inclusionary zoning requirements would be ultra vires and subject to successful legal challenge.
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Previous Question
A municipality wants to implement inclusionary zoning policies requiring affordable housing units in new developments. What level of government approval would typically be required in Ontario?
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A large residential development is proposed in a protected major transit station area of an Ontario municipality whose official plan contains inclusionary zoning policies. The municipality wants a set number of affordable units built into the project and kept affordable over time. Which Planning Act tool is designed for this?