The owner of land or a person authorized in writing by the owner who wishes to convey part of their land may apply to the Committee of Adjustment for Consent to convey the land.
The Planning Act requires property owners to obtain Consent approval before conveying part of their property. Approval is also required when the terms of an agreement, such as a lease, easement or mortgage commits the land to a use for a period in excess of 21 years.
The power under the Planning Act to give Consent has been delegated to the Committee of Adjustment. The Committee is composed of five members who are appointed by the Council of the City of Sault Ste. Marie for the term of the appointing Council.
Appeals
The following is a summary of procedure for an appeal of a decision of the Committee of Adjustment with respect to a Consent.
Section 53 (19) or (27) of the Planning Act states that any person or public body may, not later than 20 days after the giving of notice of a decision under Section 53(17) or (24) of the Planning Act is completed, appeal the decision and/or any conditions imposed on a decision by the Committee of Adjustment, to the Local Planning Appeals Tribunal (LPAT) by completing the required “Appellant Form” and filing it with the Secretary-Treasurer of the Committee of Adjustment, accompanied with the prescribed fee.
To appeal you must register on e-file at olt.gov.on.ca/e-file-for-public-users/#how to and create your profile.
The appeal is to be filed with:
Secretary-Treasurer
Committee of Adjustment
Planning Division
Civic Centre – Level 5
99 Foster Drive
Sault Ste. Marie, ON P6A 5X6
To appeal the Committee of Adjustment decision to the Local Planning Appeals Tribunal (LPAT), Appellant Forms must be completed and submitted to the Secretary-Treasurer, Committee of Adjustment together with the appeal filing fees.
The fee for an appeal to the Local Planning Appeal Tribunal is $400.00 for the primary appeal and $25.00 for each related appeal. To be paid by certified cheque or money order, in Canadian funds payable to the Minister of Finance. The administration fee payable to the City for processing an appeal is $150.00 + HST. The application fee and administration fee are payable at the time the application is submitted.
Appeal Rights
Appeals to the OLT, or a local appeal body if established by the municipality, can be made in three different ways:
- key participants (for example, applicants, the Province, public bodies, including First Nations, and utility providers) may appeal a consent-granting authority’s decision and any condition within 20 days of the notice of decision
- the applicant may appeal if no decision is made by the consent-granting authority within 90 days from the date of receipt of the application containing the prescribed information
- key participants (for example, applicants, the Province, public bodies, including First Nations, and utility providers)may appeal any changed conditions imposed by the consent-granting authority within 20 days after the notice of changed conditions has been given.
Appeals must be filed with the consent-granting authority, accompanied by reasons for the appeal and the fee required by the OLT or local appeal body.
You will be entitled to receive notice of any changes to the conditions of the provisional consent if you have made a written request to be notified of changes to the conditions of the provisional consent.
If no appeal is filed, the decision of the Committee of Adjustment is final.
Application & Fees
The application form outlines the requirements for submittal. The requirements include site plan or survey which indicates the location of the property and the setbacks of all buildings or structures on the property. If you are acting as an agent for the purposes of the application, a notarized letter of authorization is required from the registered owner(s) of the property, or the owner(s) signature(s) must be commissioned on the application form.
Applications are available online or by contacting the Committee of Adjustment office, Planning Division, at 705-759-5411..
The application fee is payable at the time the application is submitted. Fees are only paid by e-transfer, cash or cheque. If the fee is paid by cheque, the cheque must be made payable to the City of Sault Ste. Marie.
The Conservation Authority and/or Algoma Health Unit may require a fee to review your application. Please contact the applicable authority for more information.
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.