The Wood Bull Guides

Sections 44 to 45 [Committee of Adjustment]

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  • 45(1.4) EXCEPTION

    (1.4) Subsection (1.3) does not apply in respect of an application if the council has declared by resolution that such an application is permitted, which resolution may be made in respect of a specific application, a class of applications or in respect of such applications generally.  2015, c. 26, s. 29 (2).

  • 45(2) 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).

  • 45(3) 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).

  • 45(4) 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).

  • 45(5) 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).

    Related Regulations O. Reg. 200/96: MINOR VARIANCE APPLICATIONS, s.3
  • 45(6) 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).

  • 45(7) 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).

  • 45(8) 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).

  • 45(8.1) 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).

  • 45(8.2) 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).

  • 45(9) 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).

  • 45(9.1) 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).

  • 45(9.2) 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).

  • 45(10) 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).

  • 45(11) 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).

    Related Regulations

    No regulation has been made in regard to this subsection.

  • 45(12) APPEAL TO L.P.A.T.

    (12) The applicant, the Minister or any other person or public body who 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 under the Local Planning Appeal Tribunal Act, 2017 as payable on an appeal from a committee of adjustment to the Tribunal.  1994, c. 23, s. 26 (2); 2017, c. 23, Sched. 5, s. 98 (3).

  • 45(13) 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.  2015, c. 26, s. 29 (4); 2017, c. 23, Sched. 5, s. 98 (3).

    Related Regulations O. Reg. 200/96: MINOR VARIANCE APPLICATIONS, s.3.1
  • 45(13.1) 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).

  • 45(13.2) 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.

  • 45(14) 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).

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