PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Powers of committee
45 (1) The committee of adjustment, upon the application of the owner of any land, building or structure affected by any by-law that is passed under section 34 or 38, or a predecessor of such sections, or any person authorized in writing by the owner, may, despite any other Act, authorize such minor variance from the provisions of the by-law, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure, if in the opinion of the committee the general intent and purpose of the by-law and of the official plan, if any, are maintained.  R.S.O. 1990, c. P.13, s. 45 (1); 2006, c. 23, s. 18 (1); 2009, c. 33, Sched. 21, s. 10 (11). Criteria (1.0.1) The committee of adjustment shall authorize a minor variance under subsection (1) only if, in addition to satisfying the requirements of that subsection, the minor variance conforms with, (a) the prescribed criteria, if any; and (b) the criteria established by the local municipality by by-law, if any. 2015, c. 26, s. 29 (1). Same (1.0.2) For the purposes of subsection (1.0.1), criteria that were not in force on the day the owner made the application do not apply. 2015, c. 26, s. 29 (1). Criteria by-law (1.0.3) The council of a local municipality may, by by-law, establish criteria for the purposes of clause (1.0.1) (b) and the following provisions apply, with necessary modifications, in respect of the by-law: 1. Clause 34 (12) (a). 2. Subsections 34 (13), (14.1) to (15), (17) to (19.0.1), (20) to (20.4), (22) to (25.1) and (25.2) to (26). 2015, c. 26, s. 29 (1); 2017, c. 23, Sched. 3, s. 14; 2019, c. 9, Sched. 12, s. 13 (1). Coming into force (1.0.4) A by-law under subsection (1.0.3) comes into force, (a) if no notice of appeal is filed in respect of the by-law and the time for filing appeals has expired, on the day after the last day of the time for filing appeals; (b) if all appeals in respect of the by-law are withdrawn and the time for filing appeals has expired, on the day after the last day on which an appeal was withdrawn; (c) if the Tribunal dismisses all appeals and the time for filing appeals has expired, on the day after the last day on which an appeal was dismissed; (d) if the Tribunal allows an appeal in respect of the by-law and amends the by-law, on the day after the last day on which the Tribunal makes a decision disposing of the appeal; or (e) if the Tribunal allows an appeal in respect of the by-law and directs the municipality to amend the by-law, on the day after the day the municipality passes the amending by-law. 2015, c. 26, s. 29 (1); 2017, c. 23, Sched. 5, ss. 80, 98 (1). Restriction (1.1) Subsection (1) does not allow the committee to authorize a minor variance from conditions imposed under subsection 34 (16) of this Act or under subsection 113 (2) of the City of Toronto Act, 2006.  2006, c. 23, s. 18 (2). Same (1.1.1) Subsection (1) does not allow the committee to authorize a minor variance from those provisions of a by-law that give effect to policies described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 6. (1.2)-(1.4) Repealed: 2022, c. 21, Sched. 9, s. 13 (1). Other powers (2) In addition to its powers under subsection (1), the committee, upon any such application, (a) where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law, may permit, (i) the enlargement or extension of the building or structure, if the use that was made of the building or structure on the day the by-law was passed, or a use permitted under subclause (ii) continued until the date of the application to the committee, but no permission may be given to enlarge or extend the building or structure beyond the limits of the land owned and used in connection therewith on the day the by-law was passed, or (ii) the use of such land, building or structure for a purpose that, in the opinion of the committee, is similar to the purpose for which it was used on the day the by-law was passed or is more compatible with the uses permitted by the by-law than the purpose for which it was used on the day the by-law was passed, if the use for a purpose prohibited by the by-law or another use for a purpose previously permitted by the committee continued until the date of the application to the committee; or (b) where the uses of land, buildings or structures permitted in the by-law are defined in general terms, may permit the use of any land, building or structure for any purpose that, in the opinion of the committee, conforms with the uses permitted in the by-law.  R.S.O. 1990, c. P.13, s. 45 (2). Power of committee to grant minor variances (3) A council that has constituted a committee of adjustment may by by-law empower the committee of adjustment to grant minor variances from the provisions of any by-law of the municipality that implements an official plan, or from such by-laws of the municipality as are specified and that implement an official plan, and when a committee of adjustment is so empowered subsection (1) applies with necessary modifications.  R.S.O. 1990, c. P.13, s. 45 (3). Time for hearing (4) The hearing on any application shall be held within thirty days after the application is received by the secretary-treasurer.  R.S.O. 1990, c. P.13, s. 45 (4). Notice of hearing (5) The committee, before hearing an application, shall in the manner and to the persons and public bodies and containing the information prescribed, give notice of the application.  R.S.O. 1990, c. P.13, s. 45 (5); 1994, c. 23, s. 26 (1). Hearing (6) The hearing of every application shall be held in public, and the committee shall hear the applicant and every other person who desires to be heard in favour of or against the application, and the committee may adjourn the hearing or reserve its decision.  R.S.O. 1990, c. P.13, s. 45 (6). Oaths (7) The chair, or in his or her absence the acting chair, may administer oaths.  R.S.O. 1990, c. P.13, s. 45 (7). Decision (8) No decision of the committee on an application is valid unless it is concurred in by the majority of the members of the committee that heard the application. 2015, c. 26, s. 29 (3). Same (8.1) The decision of the committee, whether granting or refusing an application, shall be in writing, shall be signed by the members who concur in the decision and shall, (a) set out the reasons for the decision; and (b) contain a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (8.2) had on the decision. 2015, c. 26, s. 29 (3). Written and oral submissions (8.2) Clause (8.1) (b) applies to, (a) any written submissions relating to the application that were made to the committee before its decision; and (b) any oral submissions relating to the application that were made at a hearing. 2015, c. 26, s. 29 (3). Conditions in decision (9) Any authority or permission granted by the committee under subsections (1), (2) and (3) may be for such time and subject to such terms and conditions as the committee considers advisable and as are set out in the decision.  R.S.O. 1990, c. P.13, s. 45 (9). Agreement re terms and conditions (9.1) If the committee imposes terms and conditions under subsection (9), it may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions, and in that case the requirement shall be set out in the decision.  2006, c. 23, s. 18 (3). Registration of agreement (9.2) An agreement entered into under subsection (9.1) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land.  2006, c. 23, s. 18 (3). Notice of decision (10) The secretary-treasurer shall not later than ten days from the making of the decision send one copy of the decision, certified by him or her, (a) to the Minister, if the Minister has notified the committee by registered mail that he or she wishes to receive a copy of all decisions of the committee; (b) to the applicant; and (c) to each person who appeared in person or by counsel at the hearing and who filed with the secretary-treasurer a written request for notice of the decision, together with a notice of the last day for appealing to the Tribunal.  R.S.O. 1990, c. P.13, s. 45 (10); 2017, c. 23, Sched. 5, s. 98 (2). Additional material (11) Where the secretary-treasurer is required to send a copy of the decision to the Minister under subsection (10), he or she shall also send to the Minister such other information and material as may be prescribed.  R.S.O. 1990, c. P.13, s. 45 (11). Appeal to Tribunal (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). Transition (12.1) For greater certainty, subsection (12), as it reads on the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies to an appeal on and after that day even if the decision is made before that day. 2022, c. 21, Sched. 9, s. 13 (3). Same, retroactive effect (12.2) An appeal under subsection (12) made before the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force by a person or public body not referred to in subsection (12) of this section as it reads on the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force shall be deemed to have been dismissed on the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless, (a) a hearing on the merits of the appeal had been scheduled before October 25, 2022; or (b) a notice of appeal was filed by a person or public body referred to in subsection (12) of this section in respect of the same decision to which the appeal relates. 2022, c. 21, Sched. 9, s. 13 (3). Same, hearing on the merits (12.3) For the purposes of clause (12.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing. 2022, c. 21, Sched. 9, s. 13 (3). Same (12.4) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing. 2022, c. 21, Sched. 9, s. 13 (3). Record (13) On receiving a notice of appeal filed under subsection (12), the secretary-treasurer of the committee shall promptly forward to the Tribunal, by registered mail, (a) the notice of appeal; (b) the amount of the fee mentioned in subsection (12); (c) all documents filed with the committee relating to the matter appealed from; (d) such other documents as may be required by the Tribunal; and (e) any other prescribed information and material. 2017, c. 23, Sched. 5, s. 98 (3). Exception (13.1) Despite subsection (13), if all appeals under subsection (12) are withdrawn within 15 days after the last day for filing a notice of appeal, the secretary-treasurer is not required to forward the materials described under subsection (13) to the Tribunal.  1999, c. 12, Sched. M, s. 26; 2017, c. 23, Sched. 5, s. 98 (4). Decision final (13.2) If all appeals under subsection (12) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the committee is final and binding and the secretary-treasurer of the committee shall notify the applicant and file a certified copy of the decision with the clerk of the municipality.  1999, c. 12, Sched. M, s. 26. Where no appeal (14) If within such 20 days no notice of appeal is given, the decision of the committee is final and binding, and the secretary-treasurer shall notify the applicant and shall file a certified copy of the decision with the clerk of the municipality.  R.S.O. 1990, c. P.13, s. 45 (14); 1994, c. 23, s. 26 (3). Where appeals withdrawn (15) Where all appeals to the Tribunal are withdrawn, the decision of the committee is final and binding and the Tribunal shall notify the secretary-treasurer of the committee who in turn shall notify the applicant and file a certified copy of the decision with the clerk of the municipality. 2017, c. 23, Sched. 5, s. 98 (5). Hearing (16) On an appeal to the Tribunal, the Tribunal shall, except as provided in subsections (15) and (17), hold a hearing of which notice shall be given to the applicant, the appellant, the secretary-treasurer of the committee and to such other persons or public bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 98 (5). Dismissal without hearing (17) Despite the Statutory Powers Procedure Act and subsection (16), the Tribunal may, on its own initiative or on the motion of any party, dismiss all or part of an appeal without holding a hearing if, (a) it is of the opinion that, (i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could allow all or part of the appeal, (ii) the appeal is not made in good faith or is frivolous or vexatious, (iii) the appeal is made only for the purpose of delay, or (iv) the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process; (b) the appellant has not provided written reasons for the appeal; (c) the appellant has not paid the fee charged by the Tribunal; or (d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2017, c. 23, Sched. 5, s. 98 (5); 2019, c. 9, Sched. 12, s. 13 (2); 2021, c. 4, Sched. 6, s. 80 (1). Representation (17.1) Before dismissing all or part of an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (17) (d).  2000, c. 26, Sched. K, s. 5 (3); 2017, c. 23, Sched. 5, s. 80. Dismissal (17.2) The Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (17), as it considers appropriate. 2017, c. 23, Sched. 5, s. 98 (5). Powers of Tribunal (18) The Tribunal may dismiss the appeal and may make any decision that the committee could have made on the original application.  R.S.O. 1990, c. P.13, s. 45 (18); 2017, c. 23, Sched. 5, s. 80. Amended application (18.1) On an appeal, the Tribunal may make a decision on an application which has been amended from the original application if, before issuing its order, written notice is given to the persons and public bodies who received notice of the original application under subsection (5) and to other persons and agencies prescribed under that subsection.  1993, c. 26, s. 56; 1994, c. 23, s. 26 (7); 2017, c. 23, Sched. 5, s. 80. Exception (18.1.1) The Tribunal is not required to give notice under subsection (18.1) if, in its opinion, the amendment to the original application is minor. 2017, c. 23, Sched. 5, s. 98 (5). Notice of intent (18.2) Any person or public body who receives notice under subsection (18.1) may, not later than thirty days after the day that written notice was given, notify the Tribunal of an intention to appear at the hearing or the resumption of the hearing, as the case may be.  1993, c. 26, s. 56; 1994, c. 23, s. 26 (8); 2017, c. 23, Sched. 5, s. 98 (6). Order (18.3) If, after the expiry of the time period in subsection (18.2), no notice of intent has been received, the Tribunal may issue its order.  1993, c. 26, s. 56; 2017, c. 23, Sched. 5, s. 98 (6). Hearing (18.4) If a notice of intent is received, the Tribunal may hold a hearing or resume the hearing on the amended application or it may issue its order without holding a hearing or resuming the hearing.  1996, c. 4, s. 25 (2); 2017, c. 23, Sched. 5, s. 98 (6). Notice of decision (19) When the Tribunal makes an order on an appeal, the Tribunal shall send a copy thereof to the applicant, the appellant and the secretary-treasurer of the committee. 2017, c. 23, Sched. 5, s. 98 (7). Idem (20) The secretary-treasurer shall file a copy of the order of the Tribunal with the clerk of the municipality.  R.S.O. 1990, c. P.13, s. 45 (20); 2017, c. 23, Sched. 5, s. 98 (8). Section Amendments with date in force (d/m/y) 1993, c. 26, s. 56 - 02/12/1993; 1994, c. 23, s. 26 (1-8) - 28/03/1995; 1996, c. 4, s. 25 (1, 2) - 22/05/1996; 1999, c. 12, Sched. M, s. 26 - 22/12/1999 2000, c. 26, Sched. K, s. 5 (3) - 06/12/2000 2006, c. 23, s. 18 (1-5)
- 01/01/2007 2009, c. 33, Sched. 21, s. 10 (11) - 01/01/2010 2015, c. 26, s. 29 (1-4)
- 01/07/2016 2016, c. 25, Sched. 4, s. 6 - 12/04/2018 2017, c. 23, Sched. 3, s. 14 - 03/04/2018; 2017, c. 23, Sched. 5, s. 80, 98 (1-8) - 03/04/2018 2019, c. 9, Sched. 12, s. 13 (1, 2) - 03/09/2019 2021, c. 4, Sched. 6, s. 80 (1, 5) - 01/06/2021 2022, c. 21, Sched. 9, s. 13 (1-3) - 28/11/2022