Ben Phillips

The appellants appealed the City of Mississauga's Official Plan Amendment No. 115 (OPA-115), which mandated that a minimum of 10% of housing units in certain residential developments be provided as below-market affordable housing.

The appellants argued that these policies were tantamount to Inclusionary Zoning and were ultra vires the Planning Act.

The Tribunal found that while the policies did not formally constitute Inclusionary Zoning, they were tantamount to it.

Furthermore, the Tribunal held that the City failed to demonstrate that the mandated affordable housing policies were 'practicable' as required by section 16(1)(a.1) of the Planning Act.

Consequently, the Tribunal ruled that the mandatory affordable housing policies in OPA-115 were ultra vires the Act and allowed the appeals in part, striking down the offending policies.