Participate at a hearing

Committee of Adjustment hearings are:

• open to the public;
• governed by the Statutory Powers Procedure Act, the Planning Act, and the Committee’s Rules of Practice and Procedure;
• held in a hybrid format since June 6, 2023: applicants and the public can attend hearings in person (main floor Chamber at Ben Franklin Place, 101 Centrepointe Drive) or by videoconference (Zoom) with a computer, smartphone, cell phone, or telephone (contact the Committee of Adjustment to obtain the link to the videoconference);
• live streamed on our YouTube channel with subtitles/closed captioning generally available 24 hours after the hearing (through YouTube’s limited speech recognition technology and automatic translation offered in various languages).
• Any interested individual can submit written and oral observations in support of or against an application.

Submit written or oral comments before the hearing:

• Email your comments to the Committee of Adjustment at least 24 hours before the hearing to ensure they are received by the panel adjudicators.
• You may also call the Coordinator at 613-580-2436 to have your comments transcribed.

Register to speak at the hearing at least 24 hours in advance:

• Contact the Coordinator highlighted under Next Hearings or send an email to the Committee of Adjustment or call 613-580-2436.
• You will receive details on how to participate by videoconference.
• If you want to share a visual presentation, you must email it to the Coordinator at least 24 hours before the hearing. Because printed materials cannot be shared with remote participants and viewers, visuals must be in electronic format (PowerPoint, PDF, Word, jpeg, etc.). Contact the Coordinator for more information.
• Presentations are limited to five minutes and any exceptions are at the discretion of the Panel Chair. 
• If you and several others wish to speak about the same application, you may want to consider appointing a spokesperson for the group or coordinating your comments to avoid repetition.

Order of presentations during the hearing:

1. Applicant’s presentation (if the Panel requests one) then questions from Members.
2. Oral submissions from the City Planner, if any, and questions from Members.
3. Oral submissions from the public and questions from Members.
4. Applicant’s reply to all oral submissions and responses to Members’ questions.

The panel may consider a request to adjourn (postpone) the hearing of an application to either a specific date or sine die (indefinitely). If an application is adjourned to a specific date there will be no further public notification. An application adjourned sine die and subsequently rescheduled for a hearing will require public notification and the applicant will pay a recirculation fee.

Anyone seeking an adjournment should submit a request in writing before the hearing. Include your name and address, the subject property’s address or the application file number, and the reason for the adjournment request. You will need to attend the hearing and speak to your adjournment request unless you are an applicant requesting an adjournment sine die.

For an application to qualify for a quick decision at the hearing, please note the following criteria:

• No objections or concerns from the parties (Applicant, City) or the public.
• No amendment(s) required.
• No registered speakers.
• Sign posting declaration received.
• Applicant or their Agent has confirmed that they agree with all requested conditions, if any.
• No questions from panelists.

• Speakers at the hearing have a single opportunity to address the panel of adjudicators for up to five minutes, so you should focus your comments and ensure they relate to the application(s).
• Always address your comments to the Panel Chair. Start by stating your name and street address. Then, explain how the requested variance(s) or the proposed consent/severance(s) would affect the enjoyment and use of your property and/or have an impact on your neighbourhood—either positive or negative.
• Keep in mind that the Panel must apply various tests when considering an application. Also, the onus is on the applicant to demonstrate how their proposal satisfies those tests. You may want to review the applicant’s cover letter/planning rationale and other documents posted online along with the hearing’s agenda. The City’s Planning Report is usually received and published five days before the hearing.
• The four-part test for a minor variance application:  The Committee of Adjustment may authorize a minor variance to the zoning by-law with respect to the land, building or structure or its use, if it considers that:
  1. it is desirable;
     • This test relates to desirability from a planning and public interest point of view relative to adjacent properties and the neighbourhood in general. Essentially, does the proposal fit well in the area?
  2. the general intent and purpose of the City’s Official Plan is maintained;
     • For example, does the proposal respect the character of the neighbourhood? Does it meet other policy objectives such as protecting trees?  
  3. the general intent and purpose of the Zoning By-law is maintained;
     • For example, is the proposed development compatible with the surrounding uses? If the proposal would reduce the minimum lot width and lot area of the property, would it maintain sufficient building setbacks, amenity space, and soft landscaping area?
  4. it is minor.
     • This is not about the mathematical difference between what is required and what is proposed. Instead, the key consideration is  whether an unacceptable adverse impact would result from authorizing the requested relief from the zoning requirement.
• For a permission application, the two-part test is based on (1) the desirability for development of the property and (2) the impact on the surrounding area.
• For a consent/severance application, the Panel will need to consider several criteria, including:
  • the suitability of the land for the purposes for which it is to be subdivided;
  • the dimensions and shapes of the proposed lots;
  • whether the proposal conforms to the City’s Official Plan policies.
  • See the list of criteria under Application Types - Consent. 

Avoid commenting on issues that are irrelevant to an application, such as:

• private disputes between neighbours or personal comments about individuals;
• aspects of a proposal not under consideration, for example, building height if a variance for that is not required;
• demolition and construction related activities;
• by-law enforcement (Building Code violations, property standards, noise, etc.);
• landlord-tenant matters.

All submitted information becomes public:

Be aware that, in accordance with the Planning Act, the Municipal Act and the Municipal Freedom of Information and Privacy Act, all information presented to the Committee of Adjustment is considered public information and can be shared with any interested individual. Information you choose to disclose in your correspondence and during the hearing, including your personal information, will become part of the public record, and shared with Committee Members, the Applicant(s) or their agent and any other interested individual, and potentially posted online and become searchable on the Internet.

• The Committee may render its decision or reserve its decision. If the Committee reserves (defers) its decision, that means the panel will deliberate in private before making its decision.
• The Committee’s decision, whether granting or refusing an application:
  • is in writing;
  • is signed by the members who concur in the decision;
  • sets out the reasons for the decision;
  • contains a brief explanation of the effect, if any, that the written and oral submissions had on the decision;
  • is issued within ten days of the hearing.

A decision of the Committee of Adjustment may be appealed to the Ontario Land Tribunal (OLT) for a fee. Appeals must be filed within 20 days of the date of the Committee’s written decision and must include the reasons for the appeal as well as the applicable fee payable to the Ontario Minister of Finance. Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A "specified person" does not include an individual or community association. 

Learn more about appealing a decision by visiting the Ontario Land Tribunal website.