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Development · Midtown Oakville

Status: Approved. A decision has been taken. It has not necessarily taken effect.

How Midtown Oakville ended up being zoned from Toronto

Four Minister's Zoning Orders took effect in April, cannot be appealed, and permit up to 56 storeys. The Province says it will bring that to 38. The Town's own plan for the area is still waiting for a decision.

What happened

On 9 April 2026 the Ontario government issued four Minister's Zoning Orders covering four sites around Oakville GO Station, as part of its Transit-Oriented Communities programme. The orders permit 11 buildings in total, of varying heights, up to 56 storeys. The Province said the sites would deliver more than 6,800 homes, roughly 4,000 construction jobs and about 400 long-term jobs.

In the same announcement the Province said that, in response to feedback from the Town and the community, it is working with the municipality on refinements that will result in building heights of 38 storeys while maintaining the overall number of homes and the community benefits. Mayor Rob Burton's statement the same day described that as a commitment and thanked the Premier and four ministers by name.

The Town's position on the underlying proposal has not changed. Its own page on the file states plainly that the Town has not supported the Transit-Oriented Community proposal in its current form, and that it has consistently supported the recommendations in its own Official Plan Amendment 70 instead.

The four sites

  • Site 1: 217 and 227 Cross Avenue, and 571, 581 and 587 to 595 Argus Road.
  • Site 2: 157 and 165 Cross Avenue.
  • Site 3: 166 South Service Road East.
  • Site 4: 590 Argus Road.

All four are also the subject of ordinary municipal development applications that were appealed to the Ontario Land Tribunal. The applicants have requested an adjournment of that hearing and the Town has consented.

Key facts

The Midtown Transit-Oriented Community file
Orders issued
9 April 2026
Number of orders
Four
Buildings permitted
11 across four sites
Maximum height as issued
56 storeys
Height the Province has committed to
38 storeys
Homes
More than 6,800
Heights possible under the Town's own plan
27 to 36 storeys, with community benefits
Appeal rights against the orders
None under the Planning Act

Why it matters

A Minister's Zoning Order is not a normal planning instrument. It regulates the use of land directly, takes effect immediately, and overrides a municipal zoning by-law to the extent of any conflict. The Planning Act provides no right of appeal to the Ontario Land Tribunal against the Minister's decision to issue one. Once issued, an order can only be amended or revoked by the Province.

That is why the Town's answer to why it is not fighting is the answer it gives. Its own page addresses the question directly, and the reasoning is that the strongest available path is participation in the process the Province has set out rather than walking away from it. There is no legal lever to pull; there is only the negotiation over refinements.

The second thing the orders displace is a mechanism, not just a height. The Town's Official Plan Amendment 70, adopted by Council in February 2025, would guide growth around Oakville GO through 2051 using a Community Planning Permit System: a base building height that can only be exceeded where a developer provides community benefits such as parkland, affordable housing or public infrastructure. Under that framework, heights of 27 to 36 storeys are possible where the benefit is provided. The zoning orders grant height without that exchange.

OPA 70 is still sitting with the Minister of Municipal Affairs and Housing. No decision has been issued. Because Midtown Oakville is a protected major transit station area, the Minister's decisions on certain matters, including building heights, are not subject to appeal, and the ministry may modify the plan as part of approving it. The Town is publicly calling on the Province to approve OPA 70 so its framework for the wider Midtown area can proceed.

How it got here

The Midtown file since 2024
  1. May 2024

    The Ministry of Infrastructure notifies the Town it intends to explore Transit-Oriented Community projects in Oakville.

  2. November 2024

    The Town receives the Province's first submission, with comments due 19 December 2024.

  3. December 2025

    The Province posts ERO 025-1368, proposing the four zoning orders. The comment period is extended to 17 January 2026 at the Town's request.

  4. January 2026

    Staff present the revised proposal to Council on 26 January; the Town files a response letter on 30 January.

  5. April 2026

    The Province issues the four orders and commits to refinements bringing heights to 38 storeys.

  6. NowNow

    OPA 70 remains with the Minister of Municipal Affairs and Housing, undecided.

What happens next

Two things are outstanding, and they are not the same thing. The first is whether the refinements the Province committed to in April are actually reflected in amended orders; a commitment in a news release is not a zoning instrument. The second is whether the Minister approves OPA 70, modifies it, or leaves it undecided, which determines the rules for the rest of Midtown beyond the four sites.

One technical item is worth tracking because it constrains the outcome regardless of who is doing the zoning. NAV CANADA advised the applicant and the Town in December 2025 of its current height standards for the Midtown area, after the applicant made it aware of the plans in August 2025. Height standards near an approach path are not negotiable in the same way municipal zoning is.

Sources

Every factual claim above traces to one of these documents.

  1. Town of Oakville

    Province of Ontario's Transit-Oriented Communities

    Retrieved September 4, 2026

  2. Town of Oakville

    Statement from Mayor Rob Burton on the Ontario government's Minister's Zoning Orders

    Published April 9, 2026 · Retrieved September 4, 2026

  3. Town of Oakville

    Midtown Oakville Growth Area Review

    Retrieved September 4, 2026

  4. Government of Ontario

    Planning Act, R.S.O. 1990, c. P.13

    Retrieved September 4, 2026

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