The Wood Bull Guides

Sections 44 to 45 [Committee of Adjustment]

Subsections amended by Bill 139 are marked below with (*), except for administrative changes.  Under Bill 139, appeals of minor variances are made to the Local Planning Appeal Tribunal.  The Bill 139 amendments also allow for the pre-Bill 139 process of section 34 to continue to apply to the establishment of a by-law for minor variance criteria.


 

Click here to expand all subsections below or click on the individual subsection to expand/collapse the details for that subsection

  • 44(1) COMMITTEE OF ADJUSTMENT

    44(1) If a municipality has passed a by-law under section 34 or a predecessor of such section, the council of the municipality may by by-law constitute and appoint a committee of adjustment for the municipality composed of such persons, not fewer than three, as the council considers advisable.  R.S.O. 1990, c. P.13, s. 44 (1).

  • 44(2) COPY OF BY-LAW TO MINISTER

    44(2) Where a by-law is passed under subsection (1), a certified copy of the by-law shall be sent to the Minister by registered mail by the clerk of the municipality within thirty days of the passing thereof.  R.S.O. 1990, c. P.13, s. 44 (2).

  • 44(3) TERM OF OFFICE

    44(3) The members of the committee who are not members of a municipal council shall hold office for the term of the council that appointed them and the members of the committee who are members of a municipal council shall be appointed annually.  R.S.O. 1990, c. P.13, s. 44 (3).

  • 44(4) IDEM

    44(4) Members of the committee shall hold office until their successors are appointed, and are eligible for reappointment, and, where a member ceases to be a member before the expiration of his or her term, the council shall appoint another eligible person for the unexpired portion of the term.  R.S.O. 1990, c. P.13, s. 44 (4).

  • 44(5) QUORUM

    44(5) Where a committee is composed of three members, two members constitute a quorum, and where a committee is composed of more than three members, three members constitute a quorum.  R.S.O. 1990, c. P.13, s. 44 (5).

  • 44(6) VACANCY NOT TO IMPAIR POWERS

    44(6) Subject to subsection (5), a vacancy in the membership or the absence or inability of a member to act does not impair the powers of the committee or of the remaining members.  R.S.O. 1990, c. P.13, s. 44 (6).

  • 44(7) CHAIR

    44(7) The members of the committee shall elect one of themselves as chair, and, when the chair is absent through illness or otherwise, the committee may appoint another member to act as acting chair.  R.S.O. 1990, c. P.13, s. 44 (7).

  • 44(8) SECRETARY-TREASURER, EMPLOYEES

    44(8) The committee shall appoint a secretary-treasurer, who may be a member of the committee, and may engage such employees and consultants as is considered expedient, within the limits of the money appropriated for the purpose.  R.S.O. 1990, c. P.13, s. 44 (8).

  • 44(9) REMUNERATION

    44(9) The members of the committee shall be paid such compensation as the council may provide.  R.S.O. 1990, c. P.13, s. 44 (9).

  • 44(10) FILING OF DOCUMENTS, ETC.

    (10) The secretary-treasurer shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the committee, and section 253 of the Municipal Act, 2001 or section 199 of the City of Toronto Act, 2006, as the case may be, applies with necessary modifications to such documents.  R.S.O. 1990, c. P.13, s. 44 (10); 2002, c. 17, Sched. B, s. 16; 2006, c. 32, Sched. C, s. 47 (11).

  • 44(11) RULES OF PROCEDURE

    44(11) In addition to complying with the requirements of this Act, the committee shall comply with such rules of procedure as are prescribed.  R.S.O. 1990, c. P.13, s. 44 (11).

  • 45(1) 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).

    Related Regulations

    O. Reg. 200/96: MINOR VARIANCE APPLICATIONS, s.2 and Schedule 2 re the information and material to be provided by an applicant

  • 45(1.0.1) CRITERIA

    45(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).

  • 45(1.0.2) SAME

    45(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).

  • 45(1.0.3) CRITERIA BY-LAW (*)

    45(1.0.3) The council of a local municipality may, by bylaw, establish criteria for the purposes of clause (1.0.1) (b) and the following provisions, as they read on the day before section 14 of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, 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.

    Legislative History

    Bill 139 amended this subsection by adding "as they read on the day before section 14 of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force" in the portion before paragraph 1. 

    Related Sections

    The following zoning by-law processes of section 34 of the Planning Act, prior to Bill 139, apply to the establishment of a by-law for minor variance criteria:

    • consultation, public meeting and council passing of by-law (s.34(12)(a), (13), (14.1) to (15), (17), (18), (20))

    • appeal of by-law (s.34(19), (19.0.1))

    • dispute resolution (s.34(20.1) to (20.4))

    • hearing process (s.34(22) to (25.1), (25.2) to (26)).

    Related Statutes

    All references to the Ontario Municipal Board in the above noted applicable subsections of the Planning Act are deemed to be a reference to the Local Planning Appeal Tribunal (s.2(2) of the Local Planning Appeal Tribunal Act, 2017).

    Wood Bull Commentary

    Under subsection 45(1.0.1)(b), municipalities may by by-law establish additional criteria for obtaining a minor variance.  Bill 139 amended this subsection to allow for the above noted processes of section 34 prior to Bill 139 to continue to apply to a criteria by-law.

    Specifically, this allows the basis for appealing the criteria by-law and the powers of the Tribunal to remain unchanged by Bill 139.  In contrast to the appeal provisions introduced by Bill 139 for zoning by-laws, for criteria by-laws the following apply:

    • The basis for appealing is not limited to the by-laws being inconsistent with a policy statement, non-conforming/conflicting with a provincial plan or non-conforming with an applicable official plan.  Appeals can be filed based on broad land use planning grounds, which must be set out in the notices of appeal. 

    • Appeals are not subject to the double-appeal mechanism.  On an appeal, the Tribunal continues to have the power to (i) dismiss the appeal or (ii) allow the appeal in whole or part and repeal/amend the by-law or direct council to do so.

  • 45(1.0.4) COMING INTO FORCE

    45(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, s. 80; 2017, c. 23, Sched. 5, s. 98 (1).

    Legislative History

    Bill 139 amended this subsection by replacing the words “the Municipal Board” and “the Board” with the words “the Tribunal”.

  • 45(1.1) RESTRICTION

    45(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).

  • 45(1.1.1) SAME

    45(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.

  • 45(1.2) WHEN SUBS. (1.3) APPLIES

    45(1.2) Subsection (1.3) applies when a by-law is amended in response to an application by the owner of any land, building or structure affected by the by-law, or in response to an application by a person authorized in writing by the owner.  2015, c. 26, s. 29 (2).

  • 45(1.3) TWO-YEAR PERIOD, NO APPLICATION FOR MINOR VARIANCE

    45(1.3) Subject to subsection (1.4), no person shall apply for a minor variance from the provisions of the by-law in respect of the land, building or structure before the second anniversary of the day on which the by-law was amended.  2015, c. 26, s. 29 (2).

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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Note: Material on the Wood Bull website is intended as general information and commentary.  Please consult the e-Laws website for the legislation.  In order to make these Wood Bull Guides useful resources, we welcome any comments and suggestions.  

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