AN INTRODUCTION TO ZONING ENABLING LEGISLATION

Abstract

Zoning enabling legislation can be found in each of the ten provinces in Canada. In this article the author examines that legislation, and explores the commonalities and differences among the provinces. Through a discussion of the zoning power, its uses, and the differences between zoning enabling legislation which controls the use of land and that which controls the erection and use of buildings and structures, the author explains the purposes of zoning. He then examines Canada’s various zoning by-laws from the perspective of design and density control, non-conforming use provisions, and the inequity of zoning limitations on land use. The author then compares and assesses the various zoning procedures of the provinces, and concludes with an examination of different approaches to zoning including the piecemeal approach, the comprehensive zoning approach, and the development control approach.