Committee of Adjustment

Minor Variance Application (link to fillable pdf pending)

Consent Application (link to fillable pdf pending)

2023 Committee of Adjustment Hearing Schedule

What does the Committee of Adjustment do?

The Committee of Adjustment holds public meetings and makes decisions on minor variances, consents (severances, boundary adjustments, easements, leases, partial discharge of mortgage or charge) and extensions/enlargements to legal non-conforming uses. The Committee is made up of five members, appointed by City Council to serve a four year term.

The function of the Committee of Adjustment is to review applications, staff and agency comments, information provided by the applicant, as well as the input of any neighbours. Decisions made by the Committee of Adjustment must be in conformity/consistent with Provincial, Regional and City planning policies, and in accordance with the Planning Act, R.S.O. 1990 c.P13, as amended.

Applicants are encouraged to speak to staff in advance of application submissions regarding proposed Minor Variances. 

Applicants are required to conduct a pre-consultation meeting in advance of making a formal submission for Consent.  Pre-consultation applications are to be submitted in advance of available meetings held the 1st and 3rd Thursday of each month.

Committee of Adjustment meetings are generally held on the last Tuesday of each month, unless otherwise posted. Any application must be submitted a minimum of four (4) weeks prior to the hearing date.  Please refer to the Committee of Adjustment Hearing Schedule (above) for submission deadlines and hearing dates.

What is a Minor Variance and how does the process work?

What is a Consent (severance) and how does the process work?

BILL 23 UPDATE

Changes to the Planning Act

The Provincial Government has amended the Planning Act and generally removed rights of third parties to appeal Committee of Adjustment decisions. Only the applicant, the Minister of Municipal Affairs and Housing, specified persons and public bodies (as those terms are defined in the Planning Act), are permitted to appeal decisions of the committee of Adjustment.

The Provincial Government’s amendments to the Planning Act also removed the rights of third parties to proceed with previously submitted minor variance or consent appeals in certain circumstances. For impacted LPAT appeals, where a Notice of Hearing was not issued by the LPAT prior to October 25, 2022, under the provincially amended legislation, the appeal is dismissed and will not proceed.

Planning Act Section (45), with changes from Bill 23

(12) The applicant, the Minister or a specified person or public body that has an interest in the matter may within 20 days of the making of the decision appeal to the Tribunal against the decision of the committee by filing with the secretary-treasurer of the committee a notice of appeal setting out the objection to the decision and the reasons in support of the objection accompanied by payment to the secretary-treasurer of the fee charged by the Tribunal as payable on an appeal from a committee of adjustment to the Tribunal. 2017, c. 23, Sched. 5, s. 98 (3); 2021, c. 4, Sched. 6, s. 80 (5); 2022, c. 21, Sched. 9, s. 13 (2).

Definition:

“specified person” means,

  (a)  a corporation operating an electric utility in the local municipality or planning area to which the relevant planning matter would apply,

  (b)  Ontario Power Generation Inc.,

  (c)  Hydro One Inc.,

  (d)  a company operating a natural gas utility in the local municipality or planning area to which the relevant planning matter would apply,

  (e)  a company operating an oil or natural gas pipeline in the local municipality or planning area to which the relevant planning matter would apply,

   (f)  a person required to prepare a risk and safety management plan in respect of an operation under Ontario Regulation 211/01 (Propane Storage and Handling) made under the Technical Standards and Safety Act, 2000, if any part of the distance established as the hazard distance applicable to the operation and referenced in the risk and safety management plan is within the area to which the relevant planning matter would apply,

  (g)  a company operating a railway line any part of which is located within 300 metres of any part of the area to which the relevant planning matter would apply, or

  (h)  a company operating as a telecommunication infrastructure provider in the area to which the relevant planning matter would apply; (“personne précisée”)

HOW CAN YOU GET INVOLVED?

Interested parties are invited to attend the public Committee of Adjustment hearings.

Residents can participate in the public meetings two different ways:

1. Send your comments via e-mail to the Secretary-Treasurer to the Committee of Adjustment who will provide them to the Committee of Adjustment

2.  Attend the public meeting via zoom. 

If you are concerned about a minor variance or severance application that may affect you, you should:

  • Find out as much as possible about the application
  • Discuss your concerns with the Planning Department
  • Provide written comments to the Committee of Adjustment

If you have any concerns, you should address them early in the process so that your concerns can be brought forward to the Committee of Adjustment and they have time to review your comments and if necessary, get further information from planning staff prior to the meeting.

CONTACT INFORMATION:

Suzanne Anderson
Secretary-Treasurer to the Committee of Adjustment
Tel: 905-356-7521 ext. 4281