Effective November 21, 2025, Ontario implemented a practical change to zoning rules that will eliminate many minor variance applications related to setbacks.
Under O. Reg. 257/25, a setback is now
- deemed compliant if
- it is at least 90% of the setback required by the applicable zoning by-law.
In most cases, this means projects that fall slightly short of a setback standard will no longer require Committee of Adjustment approval.
Application of the new rule
The change stems from amendments to the Planning Act introduced by the Protect Ontario by Building Faster and Smarter Act, 2025 (Bill 17).
New section 34(1.4) of the Planning Act allows minimum setbacks to be treated as compliant at a prescribed percentage, which the Regulation sets at 90%.
In practical terms, small setback deficiencies of up to 10% are no longer variances.
Exceptions
The 90% rule does not apply to:
- Greenbelt lands
- Non-urban residential parcels
- Certain prescribed areas, including:
- Within 300 metres of a railway line (with limited exceptions)
- Within 120 metres of wetlands, shorelines, inland lakes, or river and stream valleys
In these areas, traditional setback compliance still applies.
Transition and Existing Applications
The new rule applies to both existing and future applications. If you have a pending or planned minor variance, it may now be unnecessary if the proposal meets 90% of the zoning standard.
Once a building permit is issued, or a lawful use is established, the applicable setback is locked in under the Planning Act.
Bottom Line
As of November 21, 2025, many minor setback issues are no longer “variances” at all—they are deemed compliant by law.
This change reduces approvals, delays, and costs, particularly for infill and urban development.
Brian Madigan LL.B., Broker
www.OntarioRealEstateSource.com