Community Benefits Secured (Planning Act Sections 37 and 45)

The legacy Section 37 density bonusing framework in the Planning Act, 1990 enabled the City to negotiate contributions towards local community benefits for development applications that exceeded a site’s zoned height and density. Toronto’s Official Plan provided that Section 37 may be used for development, excepting non-profit developments, with more than 10,000 square metres of gross floor area where the zoning by-law amendment increases the permitted density by at least 1,500 square metres and/or significantly increases the permitted height. When a developer submitted an application requesting more height and density than allowed, City Planning staff initiated a review process. Section 37 benefits were negotiated on a case-by-case basis with developers, incorporating consultation with the Ward Councillor, the community, and various City Divisions and Agencies. In-kind contributions occur where a development applicant agrees to directly provide the negotiated benefit, such as dedicating physical space within a building for use by non-profit groups. Alternatively, a development applicant can provide cash-in-lieu of the negotiated benefit, transferring responsibility for…

Publisher

City of Toronto

Resources

1

Catalogue metadata updated

2026-02-20