In some cases, the intended use and zoning are known for a site, but development should not proceed until specific facilities are in place or conditions are met. Ontario’s Planning Act (Section 36) gives the City authority to apply a holding symbol (also called an “H”, a “hold”, or a “holding provision”) to limit a site’s development until certain conditions, as set out in the Zoning By-law, are satisfied. The Zoning By-law also identifies the types of uses that may be permitted while the holding symbol remains.
The City’s Official Plan (Section 5.1.2) outlines the types of conditions that may apply to lands subject to a holding symbol, including:
The types of conditions may also be identified in applicable Secondary Plans or Site and Area-Specific Policies (SASPs).
Before you can develop the property for its intended use subject to a holding provision, you must first apply to remove the holding symbol from the Zoning By-law (sometimes called “lifting the hold”). The application to remove a holding symbol provides supporting information and materials to demonstrate to the City that the conditions specified in the Zoning By-law have been met. Once the City is satisfied, the holding symbol is removed, and the site can be developed in accordance with the in-effect zoning.
If you are not sure whether a holding symbol applies to your site (or a part of it), or what conditions need to be satisfied to remove a holding symbol, please contact Community Planning.
To ensure the City’s interests are met, the necessary condition(s) are fulfilled, and to appropriately assess the merits of your application to remove the holding symbol, the following information and submission materials are required:
Please review the City’s Terms of Reference when preparing the necessary studies, plans, drawings and reports to satisfy the conditions related to your application.
The process for submitting a planning application to the City is as follows:
After receiving your submission (which includes all application requirements and payment), the City will circulate your application to City divisions and, as applicable, external agencies with an interest in the specified holding provision. The City will issue a written decision as to whether the submission is complete or incomplete in accordance with the City’s minimum application requirements (refer to the Complete Application Decision section below).
The Toronto Official Plan provides the City the statutory authority to require information, studies and plans for submitting a complete application beyond the prescribed requirements of the Planning Act. The City will consider your application to be “complete” when it meets all of the minimum application requirements, including any materials identified in the Zoning By-law that are required to remove the holding symbol.
Within 30 days of making your submission (including payment), you will be advised in writing as to whether the submission is complete or incomplete.
Submitting a complete application to the City will allow for a more efficient and comprehensive review of all materials and will mark the beginning of the time period under the Planning Act for the City to make a decision on the application.
The City will consider your application to be “incomplete” if it does not meet the minimum application requirements. Incomplete Application Notifications will be accompanied by a list of outstanding information and/or material that must be submitted for your submission to be determined to be complete.
If you disagree with the City’s determination of whether the submission is incomplete or if the City does not make a decision on the completeness of the submission within 30 days, the Planning Act allows you to file a motion for directions to request the Ontario Land Tribunal (OLT) determine whether the information and material have in fact been provided; or whether a requirement was reasonable.
You are encouraged to submit all outstanding information and material as one comprehensive package. The application circulation and review process will only begin once a complete application is made to the City.
Your application will be circulated to the City Divisions and/or Agencies, Boards and Commissions, with an interest in the holding provision, to determine whether the conditions have been satisfied.
If your initial submission does not adequately demonstrate that the holding conditions have been satisfied, the planner assigned to your application will co-ordinate any responses from the circulation.
In response to the comments on your initial submission, you may be asked to provide additional information and material to satisfy the requirements of the holding condition. Revised and/or additional information and material should be discussed and co-ordinated with the planner. When you are ready to resubmit your application, contact a Planning Consultant to request a secure link (GoAnywhere service) where you can upload your materials. You cannot use the Application Submission Tool to resubmit.
You will be asked to include a covering letter with all resubmissions that clearly indicates how and where your proposal has been revised and, if appropriate, why any requested revisions were not made.
Before a decision is made to remove the holding symbol, the Planning Act requires that the City issue public notice. Members of the public may provide written comments within a 28-day period, for the Executive Director, Development Review (or designate) to consider prior to making their decision.
Once the required holding conditions have been satisfied and the public notice period has passed, staff will make a recommendation to the Executive Director, Development Review (or designate) to remove the holding symbol from the Zoning By-law.
Following the Executive Director’s (or designate’s) decision, a Zoning By-law Amendment that removes the holding symbol and an accompanying decision letter will be submitted to the City Clerk. The decision letter and Zoning By-law Amendment will then be provided to the Mayor, who has two full business days to exercise their veto power. If the Mayor does not veto the by-law, it will be passed and enacted on the following business day.
Under Section 36 of the Planning Act, only the applicant may appeal to the OLT for a refusal or non-decision.
Note: If the removal of a holding symbol results in a financial impact to the City that has not been previously authorized by City Council, the application will need to be considered by City Council for a decision.
Words in bold are defined in the Glossary of Terms.