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ARTICLE · 11 DECEMBER 2025

A Big Shift For Small Setbacks: Understanding Ontario's New 90% Rule

Davies Howe
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On November 21, 2025, O. Reg. 257/25 (the "Regulation") came into effect, allowing a setback to be treated as compliant if it's at least 90% of the setback required in the zoning by-law.

CanadaReal Estate and Construction
Michael Cook
Michael Cook
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On November 21, 2025, O. Reg. 257/25 (the "Regulation") came into effect, allowing a setback to be treated as compliant if it's at least 90% of the setback required in the zoning by-law. While there are exceptions, in most cases proposed setbacks within 90% of the by-law standard will no longer require minor variance applications and committee of adjustment approval.

The Regulation

The Regulation is brief and prescribes the amount referenced in subsection 34 (1.4) of the Planning Act. For reference, subsections 34 (1.4) and (1.5) of the Planning Act were introduced by the Protect Ontario by Building Faster and Smarter Act, 2025 (Bill 17). Subsection 34 (1.4) provides that "[s]ubject to subsection (1.5), a minimum setback distance is deemed to be the prescribed percentage of the setback distance."

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