The Toronto Local Appeal Body’s (TLAB) Rules of Practice and Procedure establish the process for filing an appeal. Reading the rules before filing an appeal is good way to prepare. The following steps are based on the TLAB’s Rules and will help you navigate the appeal submission process.
Please note: The Planning Act generally sets out who can appeal, how to appeal, and the deadlines for filing the different subject types of appeals. Refer to the legislation or seek professional advice for more information about these requirements and how they apply.
The law sets time limits on appeals; these must be respected or rights to appeal can be lost.
Important Note: The Provincial Government has amended the Planning Act and generally removed rights of third parties to appeal Committee of Adjustment decisions. As of November 28, 2022, 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 an appeal if the Notice of Hearing was not issued prior to October 25, 2022.
If you are a third party who filed an appeal prior to November 28, 2022, and the Toronto Local Appeal Body Notice of Hearing pursuant to Rule 10.1 (form 2) was not issued prior to October 25, 2022, under the provincially amended legislation, the appeal is dismissed and will not proceed.
There are several factors to consider before you file an appeal:
If you answered yes to any of these questions, you may be able to file your appeal.
The property may be subject to an existing or related appeal at the Local Planning Appeal Tribunal (LPAT). If the property is subject to an appeal at the LPAT, you must appeal to the LPAT.
An appeal of a Committee of Adjustment decision cannot be made to the Toronto Local Appeal Body (TLAB) in the following scenarios:
There is a Related Planning Application Appeal (E.g. Official Plan Amendment, Rezoning or Site Plan Appeal)
1. There is already an appeal to the LPAT for the same matter under section 114 of the City of Toronto Act, under sections 17, 22, 34, 36, 38, 41 or 51 of the Planning Act or under a regulation made under section 70.2 of the Planning Act. If there is already an appeal under one of these sections to the LPAT, all persons wishing to file an appeal of the Committee of Adjustment decision must file an appeal to the LPAT with the Manager & Deputy-Secretary Treasurer, Committee of Adjustment. To learn if there is a related appeal as noted above, search community planning applications in the Application Information Centre and contact the assigned planner if necessary.
The Appeal Period Has Expired
2. The time period to file an appeal has expired. In this case, you cannot appeal to the LPAT or TLAB.
Where there is already an appeal related to the same matter at the LPAT, you must submit your LPAT appeal to the Manager & Deputy-Secretary Treasurer within the appeal period. Please contact the Committee of Adjustment for steps to file. If you do not file your appeal to the proper appeal body in time, an appeal of the Committee of Adjustment decision cannot be made.
You must be able to indicate the section of the Planning Act that relates to your appeal. You can find this information on the Notice of Decision.
The appeal process to TLAB begins when a Notice of Appeal (Form 1) is filed electronically PDF format with the Manager & Deputy Secretary Treasurer of the Committee of Adjustment. The Notice of Appeal must be completed in full and received by the deadline in the Committee of Adjustment’s decision. If you require further assistance please contact the Committee of Adjustment.
Notice of Appeal (Form 1) forms are available on the TLAB website or by contacting the TLAB. The Notice of Appeal is expected to be completed in typed format. If the information is hand-written, the writing needs to be legible.
If you complete the Notice of Appeal (Form 1) on your computer, you can sign it using a digital signature or an electronic signature. Otherwise, you will have to print the document, sign it by hand, and scan it into PDF format, for filing within the required time limited appeal for appeal.
Appeals to TLAB are submitted to the Manager & Deputy Secretary Treasurer of the Committee of Adjustment for the City of Toronto. The Notice of Appeal (Form 1) must be submitted to the Committee of Adjustment in digital PDF format. A fee is payable at the time of filing of an appeal. Please contact the Committee of Adjustment for steps to file.
To submit your Notice of Appeal (Form 1), please contact the Committee of Adjustment for steps to file. Committee of Adjustment staff will review your application to ensure that you are filing within the appeal period which is listed on the Notice of Decision. Filing an appeal by the deadline is a requirement under the Planning Act and a necessary step in the appeal process. Staff will also confirm that your appeal falls within the TLAB’s jurisdiction. If there are any related appeals filed with the Local Planning Appeal Tribunal (LPAT), your appeal is not eligible for review by the TLAB. If your appeal should be submitted to the LPAT, you must file an appeal to the LPAT with the Manager & Deputy Secretary-Treasurer, Committee of Adjustment and it will be forwarded to the LPAT.
A $300 appeal fee is due for each appeal filed. Instructions on payment methods will be provided upon the receipt and processing of a Notice of Appeal.
Once you pay the fee(s) a receipt will be provided. The Manager & Deputy Secretary Treasurer of the Committee of Adjustment will then prepare an appeal submission and forward this submission along with your Notice of Appeal (Form 1) to the Toronto Local Appeal Body.
Upon receiving the completed materials for your Notice of Appeal (Form 1) from the Manager & Deputy Secretary-Treasurer of the Committee of Adjustment, TLAB staff will review your appeal application to ensure your appeal form is completed in full and the date received by Committee of Adjustment is within the legal time limits. If any of these conditions are not met, the TLAB will not process the appeal and will send you a Notice of Non-Compliance (Form 16) via email. If the appeal is out of time for the making of an appeal, the matter will not be processed further, as described below.
If you receive a Notice of Non-Compliance (Form 16) for incomplete information, you can resume the appeal process by providing the required information within FIVE (5) days of the notice date. If you do not meet the compliance requirements within the time period outlined in the Notice of Non-Compliance (Form 16), your matter will be referred to adjudicative screening. If you filed your appeal late, it will be sent immediately for adjudicative screening. Any fees paid will not be refunded.
Appeal applications are the subject of an adjudicative screening and are considered administratively by a Member of the TLAB. If an appeal does not meet the legal requirements, the Member may propose the dismissal of all or part of the matters subject to an appeal. If a Member of the TLAB proposes dismissal, you will receive a Notice of the Proposed Dismissal (Form 18), at which time you will be given TEN (10) days to provide a written response. Any fees paid will not be refunded.
TLAB will post the property TLAB Case File Number and supporting materials on the TLAB website: www.toronto.ca/tlab.
Once all of the appeal information is submitted and verified, the TLAB will e-mail you a Notice of Hearing (Form 2) applicable to this TLAB Case File. Important information related to your case will be provided in the Notice of Hearing (Form 2) including the hearing date, time and location.
Notices of Hearing (Form 2) will also be emailed or mailed by TLAB to the applicant (if different from appellant), all interested persons from the Committee of Adjustment hearing, and in the case of Section 45 matters, the registered owners of all neighbouring properties within a 60 metre radius of the property under appeal. Provincial legislation and regulations may also require service of the Notice of Hearing (Form 2) on other persons.
If you are the applicant and plan to make any revisions or modifications to your original application that was heard by the Committee of Adjustment, you must provide this information by filing an Applicant’s Disclosure (Form 3) along with any supporting documents via email to the TLAB no later than 15 days after the Notice of Hearing is issued. The due date for filing the Applicant’s Disclosure (Form 3) is listed on the Notice of Hearing (Form 2).
TLAB will post information received on the TLAB website for the benefit of the public and all those interested in the appeal Case File.
*All forms referenced are available on TLAB website in fillable PDF format.
Until further notice, the Committee of Adjustment Service Counters for all districts will be closed due to COVID-19. However, staff in all districts are available to assist the public with appeal applications via email and telephone as outlined below on a regular basis.