For more information and answers to questions about the Committee of Adjustment review and approvals process, download Getting to Know the City of Toronto Committee of Adjustment brochure and Committee of Adjustment Rules of Procedure.
Find out all you need to know about Minor Variances and Consent Applications.
At the May 5 and May 6, 2021 City Council meeting, the City Planning Division was directed to retain a third-party consultant to conduct a review of the Committee of Adjustment. The goal of the review is to identify recommendations to improve the effective participation of both the public and applicants in the public hearing process, among other related topics. KPMG is the third-party consultant that has been retained to carry out the review.
Stakeholder consultation is an important part of this review. Over the spring of 2022, KPMG has consulted with City staff, panel members and applicants. In June 2022, KPMG consulted the public on what’s working well, what is not, and what can be improved in the Committee of Adjustment hearing process, with a particular focus on effective public participation.
Members of the public were invited to provide feedback through an online digital survey. The survey was open to members of the public that have participated in a Committee of Adjustment hearing in support or opposition to an application. Applicants were consulted separately.
The review is complete and KPMG’s Committee of Adjustment Review Final Report is now available. The City Planning Staff Report, which lays out an implementation plan for KPMG’s recommendations, was adopted at the February 28 Planning and Housing Committee meeting. KPMG’s report is also available as an attachment to the Staff Report.
The Planning Act grants authority to Municipal Councils to appoint committees to approve a number of minor applications. Section 45 of the Planning Act permits the Committee of Adjustment to make decisions on minor variances from the Zoning By-law and to grant permission for altering or changing a lawful non-conforming use of land, buildings or structures. Section 53 of the Planning Act permits the Committee of Adjustment to make decisions on applications for changes to land configuration in the form of consents.
City Council has appointed a Committee of Adjustment consisting of 35 citizen members. The Committee is divided into smaller panels and is administered out of four districts. Each panel generally consists of five members, though can be three or four members, including a chairperson. They regularly hold public hearings to consider applications for minor variances, permissions and consents.
Meeting schedules for each area district: Etobicoke York, North York, Toronto and East York, Scarborough.
To ensure the City’s interests are met and to appropriately assess the technical aspects of your proposal, the City requires submission of a number of information items with your application. These are outlined below as compulsory requirements (those that will be required for the majority of applications) and other possible requirements (those that are dependent upon the specifics of the application).
Please note:
The level of detail required for the information items listed below may vary widely depending on the nature of your property and your proposal. In some cases, a single-page letter from a qualified expert will be adequate, while in other situations a study may be necessary. The requirement for, and scope of, any additional information can be determined during your pre-application inquiry.
Application forms and a checklist of compulsory requirements.
Although these are not compulsory requirements, the following items will assist in the review of all minor variance and consent applications:
The following reports/studies are not required for most applications, but may be needed to support the specifics of your proposal. The requirement for, and scope of, any of this work can be determined during your pre-application inquiry.
If you wish to use, alter or develop your property in a way that does not conform with the Zoning By-law, you must apply for a site-specific amendment to the by-law. You can do this through either a Zoning By-law Amendment application (commonly called a rezoning) or a minor variance application.
If you are uncertain whether your development proposal involves a rezoning or a minor variance, contact staff at your local Customer Service counter.
In some instances, development proposals that require a minor variance also involve Site Plan Control approval. The timing of the submission and review of these applications should be discussed in your pre-application consultation meeting.
Minor variances are not part of the STAR process.
Although not required, applications to the Committee of Adjustment should be accompanied by a zoning review conducted by the Toronto Building Division. For more information on how to apply for a zoning review (Zoning Applicable Law Certificate), please visit the Toronto Building webpage.
A zoning expert will review your proposal and list accurately how your proposal does not comply with the Zoning By-law. Remember, you are going to the Committee of Adjustment to seek relief from complying with the Zoning By-law. Errors in listing the minor variances will result in costly delays for you.
If you do not obtain a zoning review, you are responsible for identifying the Zoning By-law requirements applicable to your property and providing a full list of the variances to the Zoning By-law required by your proposal. You must also sign a waiver form assuming responsibility for correctly identifying the required relief from the by-law.
A Legal Non-Conforming Use exists when zoning for the site does not permit its current use, but this use was permitted and in existence before the enactment of the current Zoning By-law. You may apply to the Committee of Adjustment for:
Contact the Planning Consultant at your local Customer Service counter in order to determine if your application qualifies as an extension of a Legal Non-Conforming use.
If you wish to divide your land into lots, blocks or units which can be sold, you must apply for:
Consents, processed through the Committee of Adjustment, provide landowners with some flexibility within the subdivision control process. Subdivision control refers to the statutory power of government to regulate the division of land into smaller parcels. All land in Ontario is subject to subdivision control, which is exercised through the mechanism of registered plans of subdivision or approval of consents.
A consent application is required to:
City Council has delegated the approval authority for creation of new lots to the Committee of Adjustment. Approval authority for all other types of consents has been delegated to the Deputy Secretary-Treasurers of the committee.
Consent applications are not part of the STAR process.
You should consider applying for a zoning review to confirm that your proposal complies with the Zoning By-law and to determine if any other approvals are required for the release of a building permit.
This section outlines the steps the City will undertake to review your minor variance application.
If you are unfamiliar with the minor variance process, you should speak to the Planning Consultant at your local district office before you complete and submit your application. The Planning Consultant will provide preliminary information and may direct you to other appropriate staff. This may also be followed by a more formal meeting arranged with a Planner. You are strongly encouraged to do this as it will save you time and money as you proceed through the review process.
It is strongly recommended that you obtain a zoning review to identify all the variances to the Zoning By-law required by your proposal. For more information on how to apply for a zoning review (Zoning Applicable Law Certificate), please visit the Toronto Building webpage.
If you do not obtain a zoning review, you are responsible for identifying the Zoning By-law requirements applicable to your property and providing a full list of the variances to the Zoning By-law required by your proposal. You must also sign a waiver form assuming responsibility for correctly identifying the required relief from the Zoning By-law. Any errors in your submission may result in delays in the resolution of your application.
The City will consider your application to be complete if it is accompanied by the required information identified in this guide and through your pre-application inquiry discussions. A complete application will allow a more efficient and comprehensive review of all supporting material by the City.
If you submit an incomplete application, the City may respond in a number of ways. Usually, the City will return your application and request that you submit the outstanding information.
Upon receipt of a complete application you will be:
If you have any questions regarding this process, contact the staff assigned to your application. They will provide you with any information you require and advice regarding any materials that may assist with your application. They are also the City contact identified on the Notice of Public Hearing and can advise you of any neighbourhood concerns arising from your application.
It is strongly recommended that you discuss your proposal with adjacent residents in order to address or alleviate concerns that may affect the resolution of your application. You may also wish to contact the Ward Councillor to discuss your proposal with him/her.
The City will mail a Notice of Public Hearing to all owners of land within 60 metres of the subject property at least 10 days prior to the scheduled hearing date. A copy of the notice will also be provided to any party requesting a copy (this may include community associations). The Notice of Public Hearing will contain details of the proposal and identify the variance(s) being requested. A site plan will also be included with the notice illustrating the details of the proposal.
A copy of the Notice of Public Hearing and the corresponding site plan is also circulated to City divisions for review. When appropriate, these divisions will provide comments to the Committee of Adjustment and may provide conditions for approval of the application that would be applied by the committee. Depending on the circumstances of your property, a similar circulation may be undertaken with external agencies such as the Toronto and Region Conservation Authority or the Toronto Transit Commission.
An agenda for the Public Hearing is prepared one week before the hearing date. This agenda will contain a copy of the original Notice of Public Hearing (or any amendments) and any appropriate site plan, elevation or floor plan drawings. It may also contain a staff report regarding the application (including conditions for approval), any letters of support or objection, maps and photos of the application and surrounding properties and any other relevant material that would assist the committee.
At the hearing, the committee will introduce your item. As an applicant, either you or someone appointed by you, will have an opportunity to present your proposal. Any person having an interest in your application will be invited to identify themselves and given an opportunity to make their views known.
To approve any minor variance, the Committee of Adjustment must be satisfied that:
To approve any application for an extension, enlargement or change of a Legal Non-Conforming Use, the Committee of Adjustment must be satisfied that:
The committee makes its decision through a detailed review of all material filed with your application, letters received, deputations made at the Public Hearing and the results of site inspections.
The Committee of Adjustment will usually decide on your proposal at the hearing. The applicant and all persons making a written request will be notified in writing of the committee’s decision within 10 days of the decision being made.
The committee may also choose to adjourn the hearing to a later date. If so, the committee may either set a specific date for the item to be heard again or may defer it until such time as specific stipulations are met (i.e. a neighbourhood meeting is held or revised drawings are submitted). If this is the case, you must contact City staff once the stipulations have been met and a new hearing date will be established. Should this result in a revision to the variance(s) being requested, a new Notice of Public Hearing may be required.
Most appeals of Committee of Adjustment decisions will be dealt with by the Toronto Local Appeal Body (TLAB) instead of the Ontario Land Tribunal (OLT).
Ensure that you provide copies of the committee’s decision and the final and binding letter to the Building Division when you apply for your building permit.
A similar appeal procedure applies should the Committee of Adjustment refuse your application.
There are two types of review procedures for consents. City Council has delegated the approval authority for creation of new lots to the Committee of Adjustment. Approval authority for all other types of consents has been delegated to the Deputy Secretary-Treasurers of the committee.
If you are unfamiliar with the consent process, you should speak to the Planning Consultant at your local district office before you complete and submit your application. The Planning Consultant will provide preliminary information and may direct you to other appropriate staff. This may also be followed by a more formal meeting arranged with a Planner. You are strongly encouraged to do this as it will save you time and money as you proceed through the review process.
It is strongly recommended that you obtain a zoning review to identify all the variances to the Zoning By-law required by your proposal. For more information on how to apply for a zoning review (Zoning Applicable Law Certificate), please visit the Toronto Building webpage.
If you do not obtain a zoning review, you are responsible for identifying the Zoning By-law requirements applicable to your property and providing a full list of the variances to the Zoning By-law required by your proposal. You must also sign a waiver form assuming responsibility for correctly identifying the required relief from the Zoning By-law. Any errors in your submission may result in delays in the resolution of your application.
The City will consider your application to be complete if it is accompanied by the required information identified in this guide and through your pre-application inquiry discussions. A complete application will allow a more efficient and comprehensive review of all supporting material.
If you submit an incomplete application, the City may respond in a number of ways. Usually, the City will return your application and request that you submit the outstanding information.
Your application will be circulated to a number of City divisions for technical review and comment. These divisions will provide comments to the Committee of Adjustment and, where appropriate, outline conditions for the approval of the application that would be applied by the committee.
Depending upon the circumstances of your property, various external agencies may also be asked to comment on your proposal. For example, if your property is close to a watercourse, the Toronto and Region Conservation Authority will be asked for their input and/or approval (a service for which the TRCA charges). If your property is next to a rail line, the appropriate rail authority will be asked to comment.
You are strongly encouraged to consult with City divisions and external agencies that may have comments or requirements regarding your proposal. These consultations may reduce delays in deciding on your application. During your pre-application consultation, the Planning Consultant can assist in identifying the divisions and agencies that may have an interest in your application.
City Council has delegated approval authority for consents, other than the creation of new lots, to the Deputy Secretary-Treasurers of the Committee of Adjustment. Lot additions, validations of property title and creation of easements and rights-of-way may be resolved through a delegated consent. Discuss your proposal with the Planning Consultant at your local district office to determine if it would qualify as a delegated consent. If your application is deemed to be a delegated consent, the application will not go before the Committee of Adjustment at a Public Hearing.
The City will mail a Notice of Receipt of Application to all owners of land within 60 metres of the subject property advising that a delegated consent application has been submitted. If no written objections are received within 14 days from the mailing date, the Deputy Secretary-Treasurer may grant your consent. To approve any delegated consent, the Deputy Secretary-Treasurer must be satisfied that:
The Deputy Secretary-Treasurer forms their opinion through a detailed review of all material filed with an application, all written submissions and a site inspection.
When a delegated consent application is approved, the processes described below regarding appeals and the issuance of a Certificate of Consent apply.
You will be provided with a public notice sign:
If you have any questions regarding this process, please contact the staff assigned to your application. They will provide you with any information you require and will provide advice regarding any materials that may assist with your application. They are also the City contact identified on the Notice of Public Hearing and can advise you of any neighbourhood concerns arising from your application.
It is strongly recommended that you discuss your proposal with adjacent residents in order to address or alleviate concerns that may affect the resolution of your application. You may also wish to contact the Ward Councillor to discuss your proposal with him/her.
The City will mail a Notice of Public Hearing to all owners of land within 60 metres of the subject property at least 14 days prior to the scheduled hearing date. A copy of the notice will also be provided to any party requesting a copy (this may include community associations). The Notice of Public Hearing will contain the details of the proposal, including illustrative drawings.
An agenda for the Public Hearing is prepared one week before the hearing date. This agenda will contain a copy of the original Notice of Public Hearing (or any amendments) and any appropriate plans or drawings. It may also contain a staff report regarding the application (including conditions for approval), any letters of support or objection, maps and photos of the application and surrounding properties and any other relevant material that would assist the committee.
The Committee of Adjustment usually hears consent applications within 60 days from the date of submission of a complete application. The committee also usually hears the items in the order they appear on the agenda. However, this is at the discretion of the committee and occasionally items are considered out of sequence.
At the hearing, the committee will introduce your item. As an applicant, either you or someone appointed by you will have an opportunity to present your proposal. Any person having an interest in your application will be invited to identify themselves and given an opportunity to make their views known.
To approve any consent, the Committee of Adjustment must be satisfied that:
The committee forms its decision through a detailed review of all material filed with an application, letters received, deputations made at the Public Hearing and the results of site inspections.
The Committee of Adjustment will usually decide on your proposal at the hearing. You and any person making a written request will be notified in writing of the committee’s decision within 15 days of the decision being made.
The committee may also choose to adjourn the hearing to a later date. If so, the committee may either set a specific date for the item to be heard again or may defer it until such time as specific stipulations are met (i.e., a neighbourhood meeting is held or revised drawings are submitted). If this is the case, you must contact City staff once the stipulations have been met and a new hearing date will be established. Should this result in a revision to the proposal, a new Notice of Public Hearing may be required.
Most appeals of Committee of Adjustment decisions will be dealt with by the Toronto Local Appeal Body (TLAB) instead of the Ontario Land Tribunal (OLT).
A similar appeal procedure applies should the Committee of Adjustment refuse your application.
Circulation of the application may result in conditions being recommended for any approval of your consent. These conditions may be fulfilled before your application goes before the Committee of Adjustment or, more often, will be imposed by the committee as a condition of its approval.
Should your application be approved with conditions, and there is no appeal, you have two years within which to satisfy these conditions. If these conditions are not fulfilled within two years from the date of the notice of approval, the consent is deemed to have been refused. A new consent application would be required.
If there is an appeal to the TLAB or OLT, you would have two years to fulfill any conditions from the date of the order of the appeal tribunal.
Once you have satisfied the conditions of approval, the City will issue a Certificate of Consent. The following must be provided to the Deputy Secretary-Treasurer of the Committee of Adjustment before the Certificate is issued:
After the City issues the Certificate of Consent, you have two years from the date of its issuance to carry out the necessary legal transaction (i.e., the registration of the deed), otherwise the consent lapses. Ensure that you provide a copy of the registered deed to the Toronto Building Division when you apply for your building permit.