Process & Participation for Committee of Adjustment

Meetings are held Tuesdays at 1 pm and are typically held 3 times per month or as required.

Committees Role

The committee can make minor variances to the City of Hamilton’s Zoning By-law to allow:

• Enlargements extensions or changes to legal nonconforming uses
• A parcel of land to be split into more than one lot or as a lot addition to abutting lands
• Mortgages, partial discharge of mortgages, validation of title, access right-of-ways, easements and leases over 21 years

There are four main criteria that the committee reviews when making a decision including determining if:

• The variance is minor
• It is desirable for the appropriate development or use of the land, building or structure
• The general intent and purpose of the by-law(s) is maintained
• The Official Plan is maintained

Written Submission Ahead of the Meeting

Members of the public who would like to participate in a Committee of Adjustment (COA) meeting are able to provide comments in writing in advance of the meeting. Comments must be received by 12 noon on the date listed on the Notice of Public Hearing.

Comments can be submitted in two ways:

All written comments received will be made available to the Committee and the public by the Tuesday prior to the Hearing.

Oral Submission During the Meeting

Interested members of the public, agents, and owners can also provide oral comments regarding Committee of Adjustment Hearing items by participating virtually through Webex via computer or phone or by attending in-person.

Speaking Time Limit: All participants providing oral submissions, either in person or virtually are limited to a maximum of 5 minutes to speak. This is to ensure all parties have an equal opportunity to be heard and that the meeting runs efficiently.

In-Person Oral Submissions
To participate in person, attend Council Chambers on the date and time listed in the Notice of Public Hearing. You will be required to provide your name and address for the record. It is recommended you arrive at least 10 minutes prior to the scheduled start time.

Virtual Oral Submissions
To participate virtually, you must register by 12 noon on the date listed on the Notice of Public Hearing. To register, email [email protected] with this information:

• Committee of Adjustment file number
• Hearing date
• Name and mailing address of each person wishing to speak
• Method of participation (phone or video), and, if applicable, the phone number to be used
• Each person must register separately

Registered participants will receive a Webex link one business day before the Hearing. Only those registered will be called upon to speak.

Presentations

All presentations are permitted at the discretion of the Committee.

Virtual Presentations: Presenters participating virtually may be granted permission to share their screen during the Hearing. A copy of the presentation must be submitted to [email protected] no later than 12 noon on the business day prior to the Hearing. The submission must be one document in PDF format only.

In-Person Presentations: Presenters attending in person may be granted permission to use the presentation screen. Presentations must be brought on a USB device and opened by the owner/applicant. A copy of the presentation must also be sent to [email protected] by 12 noon on the business day prior to the Hearing in PDF format as a single document. Handouts are permitted only if the same content can be displayed on the presentation screen.

Additional Notes

• Webex (video) participation requires a compatible computer or smartphone. The necessary application must be downloaded in advance.
• It is the interested party’s responsibility to ensure their device is functional and compatible prior to the Hearing.

For questions, please contact staff by email [email protected] or call 905-546-2424 ext. 4221.

Appeal of a Consent

Who may file an appeal of a Consent Decision of the Committee of Adjustment or Consent Authority?
Neighbours and other interested parties not defined are no longer eligible to file Planning Act Section 53(19) appeals. See Bill 23, More Homes Built Faster Act, 2022 for more information.

Planning Act Section 53(19) appeals may be filed by the applicant, the Minister of Municipal Affairs and Housing, a “specified person” (as defined by Planning Act 1(1)), and any “public body” (as defined by Planning Act 1(1)).

When must an appeal of a Consent be received to be considered?
Planning Act Section 53(19) appeals must be received no later than the end of business on the last date of appeal listed on the Notice of Decision. The last date of appeal is 20 days from the date of the giving of Notice of the Decision. Please see Notice of Decision for exact date and time.

Appeal of a Minor Variance

Who may file an appeal of a Minor Variance Decision of the Committee of Adjustment?
Neighbours and other interested parties not defined are no longer eligible to file Planning Act Section 45(12) appeals. See Bill 23, More Homes Built Faster Act, 2022 for more information.

Planning Act Section 45(12) appeals may be filed by the applicant, the Minister of Municipal Affairs and Housing, a “specified person” (as defined by Planning Act 1(1)), and a “public body that has an interest in the matter” (as defined by Planning Act 1(1)).

When must an appeal of a Minor Variance be received to be considered?
Planning Act Section 45(12) appeals must be received no later than the end of business on the last date of appeal listed on the Notice of Decision. The last date of appeal is 20 days from the date of the Decision. Please see Notice of Decision for exact date and time.

General Information

Where must the appeal be filed to be considered?
Planning Act Section 53(19) & 45(12) appeals must be received either by:

• Hardcopy: At City Hall and addressed to the Secretary-Treasurer of the Committee of Adjustment, Hamilton City Hall, 5th Floor, 71 Main Street West, Hamilton, ON, L8P 4Y5. Do not address appeals to any other departments or locations. Appeals received by the office of the Committee of Adjustment after the last date of appeal as a result of second-hand mailing will be time barred and of no effect.
• Electronic copy: By email delivered to [email protected]. Do not address appeals to any other departments or locations.  Appeals received by the office of the Committee of Adjustment after the last date of appeal as a result of incorrectly addressed emails will be time barred and of no effect. If the information submitted will include large file sizes not able to be sent in one email, please contact [email protected] in advance to request a file sharing link.
• E-file Portal: By filing an appeal through the OLT E-file Portal at https://olt.gov.on.ca/e-file-service/ to Hamilton (City) – Committee of Adjustment and Consent Authority (select appropriate approval body as outlined on the Notice of Decision). Appeals received by the office of the Committee of Adjustment after the last date of appeal as a result of incorrectly chosen approval authority will be time barred and of no effect.

Please note only one of these options needs to be completed. If your preferred method of appeal is not available at the time of appeal, the appeal must be filed with one of the other two options. Appeals received after the date of appeal as a result of one of the methods being unavailable will be time barred and of no effect.

What information must be submitted for the appeal to be considered?
Planning Act Section 53(19) & 45(12) appeals must include:

• Notice of appeal, the Ontario Land Tribunal (OLT) Appeal Form, this can be found by contacting Committee of Adjustment staff at the 5^th floor of City Hall or at the OLT website https://olt.gov.on.ca/appeals-process/forms/, or at the OLT E-file Portal. A cover letter, etc. may also be submitted if there is not sufficient room in the form;
• Filing fee, the fee is currently $400 (subject to change) and must be paid as outlined on the OLT Appeal Form or OLT E-file Portal.
• All other information as required by the Appeal Form.