Public Art in Ontario – What’s Next?

By Karen Zwart Hielema

Public art in Ontario is at a crossroads. 

Not long ago, it was a standard, reliable community benefit — practically woven into the DNA of new development through Section 37 and Toronto’s well‑used 1% program. If a tower was going up, chances were good that art was coming with it. 

Then 2020 arrived, and with it a major shift: Section 37 of Ontario’s Planning Act was replaced by the Community Benefits Charge (CBC). As a member of the Toronto Public Art Commission, I’ve seen the impact firsthand. What used to be a steady stream of public art proposals has slowed to a thin trickle. 

So what changed? 

Under Section 37, developers could gain extra height or density by committing to community benefits — including public art, typically pegged at 1% of construction costs. It was a clear, direct pathway to integrating art into new developments. 

With the CBC, that pathway disappears. Developers now pay a standard charge instead, and public art is no longer a required item. 

Municipalities can still fund public art, but it’s now in a much bigger arena — competing for the same dollars as: 

• Community centres 

• Libraries 

• Childcare facilities 

• Fire and emergency services not covered by DCs 

• Streetscape and public realm improvements 

• Urban design enhancements 

• Cultural and recreational infrastructure 

• …and yes, Public Art 

That’s a long list of essential, high‑priority needs. And with the CBC capped at 4% of land value, the reality is simple: public art is no longer guaranteed, or even close to the front of the line. 

But here’s the thing… 

We all know what public art does. 
It surprises us. 
It slows our steps. 
It adds identity, colour, and meaning to the everyday spaces where we live, play, and move. 

Public art makes neighbourhoods feel like neighbourhoods. 

So the question becomes: how do we keep that spark alive in Ontario’s evolving planning landscape? 

How do we, as designers and developers, continue to bring art into the public realm even without the old policy mechanisms? 

I’d love to hear your thoughts. 

What we’re doing at DEXD 

At DEXD, we’re committed to keeping artists at the table. We want to integrate artistic thinking into the customer experience and wayfinding strategies that shape how people navigate large, complex places — transit hubs, airports, healthcare facilities, civic buildings, and more. 

We’re building a database of artists for future opportunities, and we’re casting the net wide. 
All media. 
All career stages. 
With or without prior public art experience. 

Our goal is simple: 
A diverse, regionally representative network of artists whose work and lived experiences help shape the infrastructure we all share. 

If this resonates with you — or with someone in your network — we’d love to connect.