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:

Comments are available the Friday 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.

Virtual Oral Submissions
You must register by 12 noon on the day listed on the Notice of Public Hearing to participate. To register to participate virtually by Webex either via computer or phone, please contact staff by email [email protected]. Information required to register: Committee of Adjustment file number, hearing date, name and mailing address of each person wishing to speak. If participation will be by phone or video, and if applicable the phone number used to call in.

A separate registration for each person wishing to speak is required. Upon registering for a meeting, members of the public will be emailed a link for the Webex meeting one business day before the Hearing. Only those registered will be called upon to speak.

In person Oral Submissions
If you wish to participate in person, you may attend Council Chambers on the date and time listed on the Notice of Public Hearing. You will be required to provide your name and address for the record. It is advised that you arrive no less than 10 minutes before the time of the Public Hearing as noted on the Notice of Public Hearing.

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

Note: Webex (video) participation requires either a compatible computer or smartphone and an application (app/program) must be downloaded by the interested party in order to participate. It is the interested party’s responsibility to ensure that their device is compatible and operating correctly prior to the Hearing.

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.