Optometry Clinic Space in Ontario: Zoning, Building Code, Lease Terms and the Retail-Optical Question

By Jatin Dua · Broker of Record, RE/MAX Quantum Realty · Updated 29 September 2026 · 11 min read — how zoning, the Building Code and the College of Optometrists’ rules shape the room, the lease and the decision to buy.

Start with zoning, not the floor plan

The first question is whether a clinic is allowed in the unit at all. In Toronto, Zoning By-law 569-2013 names medical office as a use, and each zone lists which uses it permits and on what conditions. Many commercial and mixed-use zones allow it; some employment and residential zones do not, or limit it.

The City of Toronto is blunt about two points: “Even if no construction is proposed, if a change of use is proposed a building permit is required,” and “Even if a building permit is not required, compliance with the Zoning Bylaw is required.” If the last tenant was a clothing store, you are likely changing the use. Mississauga, Brampton, Vaughan, Markham and the other GTA municipalities have their own by-laws with their own terms, so check the one that applies.

Before you sign, ask the landlord for the permitted uses in writing and have your planner or lawyer confirm them. A lease that allows “optometry clinic” means nothing if the zoning does not.

Building Code: why a store is not automatically a clinic

The Ontario Building Code sorts buildings by occupancy. The Ontario Association of Architects’ guide, based on the Code, lists medical offices, dental offices and offices in the business and personal services group, while department stores and shops fall under mercantile. Moving from one group to another is a change of occupancy, which usually brings a permit, drawings and a check of exits, fire separations, washrooms and fire protection for the new use.

The 2024 Building Code took effect on 1 January 2025. Your designer will work to the current version; if the landlord’s drawings are older, do not assume they still pass.

What the College expects inside the room

The College’s Optometric Practice Reference, standard 4.1, says optometrists must have access to equipment, drugs and supplies for:

• visual acuity at distance and near, visual fields and colour vision;
• objective and subjective refraction;
• corneal curvature and thickness, ocular motility and binocular function;
• examination of the eye and adnexa and intraocular pressure;
• dilation, cycloplegia, topical anaesthesia and staining;
• spectacle and contact lens parameters;
• in-office treatment of common primary ocular emergencies;
• disinfection of instruments and diagnostic contact lenses, and infection control.

Where an instrument is not on site, the optometrist needs arrangements to have the test done elsewhere and the results kept in the record. Equipment must be kept in good working order and regularly recalibrated. In a fit-out that means room length for testing, power and data at the right places, a sink for disinfection, and secure storage for records that must be kept at least 10 years.

The lease clause that can create a conflict of interest

This is specific to optometry, and it catches people. O. Reg. 119/94, s. 3(2)(f), says an optometrist is in a conflict of interest if they enter into a lease or arrangement for premises or equipment where “any amount payable is related to the amount of fees charged or the volume of business carried out by the member.”

Many mall and plaza leases include percentage rent: a share of gross sales above a breakpoint. For an optometrist, that clause needs a lawyer’s review before signing or before taking an assignment of the seller’s lease. The College’s own guidelines add that facility costs should be appropriate and reasonable.

Other lease points I check for any clinic:

• Use clause. Wide enough for examinations, dispensing eyewear and contact lenses, and retail of related products.
• Assignment. What the landlord needs to consent to a sale of the practice, and whether a change of control counts as an assignment.
• Term and renewals. Long enough to recover the fit-out and equipment cost.
• Exclusivity. Whether the landlord can lease the next unit to a competing optical store.
• Access. Hours that fit the clinic, and for an independent contractor, access to premises and books at any time.

Working inside a retail optical store

Many optometrists practise beside or inside an optical retailer. That is allowed only on the College’s terms. Under O. Reg. 119/94, s. 4(5), the optometrist must be an independent contractor under a written agreement that says they control the services, choose their patients, give every patient their prescription, set their own fees, control the records, have access with staff to the premises and books “at any time of the day or night”, and keep advertising within the rules. The College’s guidelines add that clinical records should be kept separate where a location is shared with a retail optical.

For the space, that means a clinic area the optometrist actually controls, records the retailer cannot get into, and a key or access code that works after hours.

Accessibility

Under the AODA, a business with fewer than 20 employees needs accessibility policies and staff training on the Human Rights Code and accessible customer service. At 20 or more, an accessibility compliance report is due by 31 December 2026, and at 50 or more a multi-year plan must be posted on the website. The Design of Public Spaces standard applies to new construction and renovated public spaces, including service counters, so a renovation during fit-out brings it in. The Building Code sets its own barrier-free rules for the construction work.

Patients with low vision are part of an optometrist’s daily traffic. Good lighting, clear signs and a level entrance are worth more here than in most offices.

Lease or buy the unit?

Owning a commercial condominium unit or a small building gives you control over rent, renewals and the percentage-rent problem. It also ties up capital and makes you responsible for the building’s condition. Before buying, check the zoning for medical office, parking, the condition of the roof and mechanical systems, and, for a condo unit, the declaration’s use restrictions and the corporation’s reserve fund.

If you are buying the practice itself, read buying an optometry practice in Ontario. For how other health clinics handle the same questions, see chiropractic clinic space and dental office space in Ontario.

Where I fit

I find, lease and sell clinic space across Toronto and the GTA, and I read the zoning and the lease before a client falls in love with a unit. The office space value estimator below gives a quick range for office and clinic space. When you have a unit in mind, book a call or phone 833-330-1925.

Frequently asked questions

Sources

• City of Toronto — Zoning By-law 569-2013, Chapter 800 definitions — personal service shop, massage therapy, wellness centre, body rub service
• City of Toronto — When do I need a building permit — change of use needs a permit even with no construction
• Ontario Association of Architects — Guide to occupancies — business and personal services examples
• Government of Ontario — Ontario’s Building Code — 2024 Building Code in force 1 January 2025
• College of Optometrists of Ontario — Optometric Practice Reference — OPR 4.1 clinical equipment
• O. Reg. 119/94 under the Optometry Act — e-Laws — conflict of interest s. 3 and 4; records retention
• College of Optometrists of Ontario — Professional misconduct and conflict of interest guidelines
• Government of Ontario — Accessibility rules for businesses and non-profits — requirements by number of employees; compliance report due 31 December 2026

Related reading

• Buying an optometry practice in Ontario
• Chiropractic clinic space in Ontario
• Massage therapy clinic space in Ontario
• Dental office space in Ontario
• Physiotherapy clinic space in Ontario
• AI office space value estimator
• Book a call with Jatin