{"id":{"repo_id":"uwo","oai_identifier":"oai:uwo.scholaris.ca:20.500.14721/16372"},"canonical_url":"https://search.dev.ndltd.org/etd/uwo/oai:uwo.scholaris.ca:20.500.14721/16372","repository":{"repo_id":"uwo","name":"Western University","base_url":"https://uwo.scholaris.ca/server/oai/request"},"display":{"title":"Inclusionary Zoning: Identifying Possible Legal Challenges within Canada and How Best to Pre-empt Them","abstract":"The purpose of this research paper is to explore the legal issues that surround inclusionary zoning. More specifically, the question to be answered through this research is: How can Canadian municipalities shield themselves from legal challenges that may put inclusionary zoning policies at risk of being nullified? Through inductive research byway of qualitative content analysis of 16 American court cases, in which the legal challenges posed to inclusionary zoning ordinances are then extrapolated and applied to the Canadian context, the fundamental legal issues pertinent to Canadian municipalities become illuminated. What has been observed is that there have been a number of different arguments used, against inclusionary zoning, in American case law, however, when applied to the Canadian context, the most relevant one pertains to the purview of municipal authority. In the United States, a number of ordinances have been struck down because of the obligation placed on municipalities to have explicit authority from the state before implementing inclusionary zoning. In Canada, the relationship between a provincial government and its respective municipalities is much the same. In consequence, the most critical legal challenge that inclusionary zoning policies may face, within the Canadian context, is whether explicit authority has or has not been given by the province, to its respective municipalities, to enact such policies.","abstract_html":"The purpose of this research paper is to explore the legal issues that surround inclusionary zoning. More specifically, the question to be answered through this research is: How can Canadian municipalities shield themselves from legal challenges that may put inclusionary zoning policies at risk of being nullified? Through inductive research byway of qualitative content analysis of 16 American court cases, in which the legal challenges posed to inclusionary zoning ordinances are then extrapolated and applied to the Canadian context, the fundamental legal issues pertinent to Canadian municipalities become illuminated. What has been observed is that there have been a number of different arguments used, against inclusionary zoning, in American case law, however, when applied to the Canadian context, the most relevant one pertains to the purview of municipal authority. In the United States, a number of ordinances have been struck down because of the obligation placed on municipalities to have explicit authority from the state before implementing inclusionary zoning. In Canada, the relationship between a provincial government and its respective municipalities is much the same. In consequence, the most critical legal challenge that inclusionary zoning policies may face, within the Canadian context, is whether explicit authority has or has not been given by the province, to its respective municipalities, to enact such policies.","abstract_has_math":false,"creators":["Pilatzkie, Christina"],"institution":null,"degree_name":"Master of Public Administration","degree_level":null,"degree_discipline":null,"degree_department":null,"school":null,"contributors":[],"advisors":["Spicer, Zac"],"committee_chairs":[],"committee_members":[],"year":2020,"date_issued":"2020-08-01","date_published":"2020-08-01","updated_at":"2026-08-21T22:21:56Z","subjects":["Planning","Policymaking","Local Planning Appeal Tribunal","Ontario Municipal Board","Social Housing","Canada, United States"],"languages":["en_ca"],"rights":[],"rights_urls":[],"identifier_entries":[]},"links":{"outbound_url":"https://hdl.handle.net/20.500.14721/16372","outbound_label":"Handle","outbound_source":"dc:identifier.uri"},"source_record":{"url":"https://uwo.scholaris.ca/server/oai/request?verb=GetRecord&metadataPrefix=dim&identifier=oai%3Auwo.scholaris.ca%3A20.500.14721%2F16372","prefix":"dim"},"metadata_groups":[{"id":"people","label":"People","entries":[{"key":"dc:contributor.advisor","label":"Advisor","values":["Spicer, Zac"]},{"key":"dc:creator","label":"Author","values":["Pilatzkie, Christina"]}]},{"id":"academic_context","label":"Academic Context","entries":[{"key":"dc:date.accessioned","label":"Dc Date Accessioned","values":["2025-06-25T14:05:02Z"]},{"key":"dc:date.available","label":"Dc Date Available","values":["2025-06-25T14:05:02Z"]},{"key":"dc:date.issued","label":"Date","values":["2020-08-01"]},{"key":"dc:type","label":"Dc Type","values":["research report"]},{"key":"thesis:degree_name","label":"Degree Name","values":["Master of Public Administration"]}]},{"id":"subjects_keywords","label":"Subjects and Keywords","entries":[{"key":"dc:subject","label":"Dc Subject","values":["Planning","Policymaking","Local Planning Appeal Tribunal","Ontario Municipal Board","Social Housing","Canada, United States"]}]},{"id":"language_rights","label":"Language and Rights","entries":[{"key":"dc:language.iso","label":"Language (ISO)","values":["en_ca"]}]},{"id":"identifiers","label":"Identifiers","entries":[{"key":"dc:identifier.uri","label":"Identifier URI","values":["https://hdl.handle.net/20.500.14721/16372"]}]},{"id":"additional","label":"Additional Metadata","entries":[{"key":"dc:description","label":"Description","values":["From 1990 until 2023, all Western Master of Public Administration students completed a faculty-supervised Major Research Paper. Starting in 2024, students complete a Research Report that is not individually supervised. At the time of submission, students may opt to publicly release their papers. The program does not endorse the content of these papers which are the independent research of the students. The papers are owned by the authors and posted here with their permission."]},{"key":"dc:description.abstract","label":"Abstract","values":["The purpose of this research paper is to explore the legal issues that surround inclusionary zoning. More specifically, the question to be answered through this research is: How can Canadian municipalities shield themselves from legal challenges that may put inclusionary zoning policies at risk of being nullified? Through inductive research byway of qualitative content analysis of 16 American court cases, in which the legal challenges posed to inclusionary zoning ordinances are then extrapolated and applied to the Canadian context, the fundamental legal issues pertinent to Canadian municipalities become illuminated. What has been observed is that there have been a number of different arguments used, against inclusionary zoning, in American case law, however, when applied to the Canadian context, the most relevant one pertains to the purview of municipal authority. In the United States, a number of ordinances have been struck down because of the obligation placed on municipalities to have explicit authority from the state before implementing inclusionary zoning. In Canada, the relationship between a provincial government and its respective municipalities is much the same. In consequence, the most critical legal challenge that inclusionary zoning policies may face, within the Canadian context, is whether explicit authority has or has not been given by the province, to its respective municipalities, to enact such policies."]},{"key":"dc:title","label":"Title","values":["Inclusionary Zoning: Identifying Possible Legal Challenges within Canada and How Best to Pre-empt Them"]}]}],"canonical_facts":{"dc:contributor.advisor":["Spicer, Zac"],"dc:creator":["Pilatzkie, Christina"],"dc:date.accessioned":["2025-06-25T14:05:02Z"],"dc:date.available":["2025-06-25T14:05:02Z"],"dc:date.issued":["2020-08-01"],"dc:description":["From 1990 until 2023, all Western Master of Public Administration students completed a faculty-supervised Major Research Paper. Starting in 2024, students complete a Research Report that is not individually supervised. At the time of submission, students may opt to publicly release their papers. The program does not endorse the content of these papers which are the independent research of the students. The papers are owned by the authors and posted here with their permission."],"dc:description.abstract":["The purpose of this research paper is to explore the legal issues that surround inclusionary zoning. More specifically, the question to be answered through this research is: How can Canadian municipalities shield themselves from legal challenges that may put inclusionary zoning policies at risk of being nullified? Through inductive research byway of qualitative content analysis of 16 American court cases, in which the legal challenges posed to inclusionary zoning ordinances are then extrapolated and applied to the Canadian context, the fundamental legal issues pertinent to Canadian municipalities become illuminated. What has been observed is that there have been a number of different arguments used, against inclusionary zoning, in American case law, however, when applied to the Canadian context, the most relevant one pertains to the purview of municipal authority. In the United States, a number of ordinances have been struck down because of the obligation placed on municipalities to have explicit authority from the state before implementing inclusionary zoning. In Canada, the relationship between a provincial government and its respective municipalities is much the same. In consequence, the most critical legal challenge that inclusionary zoning policies may face, within the Canadian context, is whether explicit authority has or has not been given by the province, to its respective municipalities, to enact such policies."],"dc:identifier.uri":["https://hdl.handle.net/20.500.14721/16372"],"dc:language.iso":["en_ca"],"dc:subject":["Planning","Policymaking","Local Planning Appeal Tribunal","Ontario Municipal Board","Social Housing","Canada, United States"],"dc:title":["Inclusionary Zoning: Identifying Possible Legal Challenges within Canada and How Best to Pre-empt Them"],"dc:type":["research report"],"thesis:degree_name":["Master of Public Administration"]},"updated_at":"2026-08-21T22:21:56Z"}