General Information
What Happens Once an Application is Submitted?
The Committee of Adjustment staff prepares a Notice of Meeting, which among other things describes the details of your request for Consent and the date, time and place of the Public Meeting.
A public notice sign is placed on the subject lands, a notice is also mailed to every owner within 60m (200 ft.) of the subject property at least 14 days in advance of the Committee Meeting. A notice is also distributed to various City Departments, Members of Council, other outside agencies, the property owner and the authorized agent (if any).
What Happens at the Meeting?
At the meeting you or your authorized agent will be required to make a verbal presentation of your request to the Committee. Presentations may also be made by any other interested parties in support of or in objection to your application.
The Committee considers all presentations for and against your proposal and renders a verbal decision in the presence of all interested parties at the time of the Public Meeting. An approval of your application may be subject to such conditions and/or restrictions, as the Committee deems appropriate.
If an individual wishes to receive a copy of a Committee decision their request must be in writing. A form entitled Request for Decision is available at the Meeting or in the Committee of Adjustment office.
To find out more about a particular application, call for an appointment to visit the office and review the application with the Secretary-Treasurer.
What Happens After the Meeting?
A formal record of the Committee's decision will be sent to the applicant or authorized agent and all persons that requested a copy of the decision and changes to conditions by mail within fifteen days from the date of the meeting.
At the end of the twenty-day appeal period, if there has been no appeal filed, the decision will become final and binding and a notice to this effect will be issued.
If the Committee of Adjustment approves the application and all conditions have been fulfilled within one year of the mailing date of the decision, the Secretary-Treasurer will endorse the Transfer Deed of Land or issue a Certificate of Consent. If the conditions are not fulfilled within this time period the application is deemed to be refused and the decision will lapse. A new Consent application would then be required.
It should be noted that if the Transfer Deed of Land or the Certificate of the Secretary-Treasurer is not used for a transaction (i.e. transfer of title is not registered) within a one-year period from the date on the Transfer Deed of Land or Certificate, the approval lapses and a new Consent application is required.
Changing Conditions
The Committee of Adjustment may also change conditions of approval at any time before the Secretary-Treasurer endorses the Transfer Deed of Land; or before the Secretary-Treasurer’s Certificate is issued; or before the Committee's decision lapses. A change of Condition Application is submitted and written notice of the requested change of condition(s) will be given to all those who had requested a notice of decision. The request will be considered at a Public Hearing.
Appeal Provisions
The decision of the Committee of Adjustment, or any condition imposed, is subject to appeal within twenty days from the date of the mailing of the decision. During the appeal period any person having expressed an interest in the application may file an appeal of the Committee’s decision or any condition to the Local Planning Appeals Tribunal (LPAT). This procedure is initiated through the Secretary-Treasurer of the Committee of Adjustment.
In accordance with LPAT requirements, appellants are required to complete and submit formal Appellant Forms which also require that a filing fee accompany the appeal and that the filing fee be paid by certified cheque or money order in Canadian Funds payable to the The Minister of Finance.
The Secretary-Treasurer will forward the Appellant Forms, the fee and all required documents to the Local Planning Appeals Tribunal (LPAT). After which all further enquiries will be handled through the LPAT.
The Local Planning Appeals Tribunal's Order (decision) is final. If their Order is to approve the severance and after all conditions imposed by the LPAT have been fulfilled within one year of the Tribunal's Order, the Secretary-Treasurer of the Committee of Adjustment will endorse the Transfer Deed of Land or issue a Certificate.
Other Powers of the Committee of Adjustment
In addition to Consent, the Committee of Adjustment has also been delegated the power to issue a Certificate of Validation and to give Approval for Foreclosure or the Exercise of Power of Sale.
A Certificate of Validation is required where there has been or there is a violation of the Planning Act, which affects the title of the land, and the beneficial owner is not the paper title owner. Upon application, the Committee of Adjustment may issue a Certificate of Validation if the application complies with the Official Plan and the Zoning By-law. The Committee of Adjustment may also impose conditions, which are to be fulfilled before the Certificate is issued.
An Approval of Foreclosure or the Exercise of Power of Sale with respect to a mortgage or charge is required where the mortgagee (owner) does not have the power to sell part of the land (because legal action has been taken against the owner) and the mortgagor (the bank) does not own all the land in order to be able to make an application for Consent.
Upon application, the Committee of Adjustment may give Approval of Foreclosure or the Exercise of Power of Sale with respect to a mortgage or charge if the application complies with the Official Plan and the Zoning By-law.
There is no provision for an appeal to the Local Planning Appeals Tribunal from the decision of the Committee of Adjustment with respect to an application for a Certificate of Validation or to an application for Approval for Foreclosure or the Exercise of Power of Sale.