Process & Participation for Committee of Adjustment

Meetings are held Thursdays 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 noon two days before the meeting.

Comments can be submitted in two ways:

Oral Submission During the Meeting

Members of the public are also able to provide oral comments regarding Committee of Adjustment Hearing items by participating through Webex via computer or phone. Participation in this format requires pre-registration in advance. Interested members of the public must register by noon the day before the hearing.

To register to participate by Webex either via computer or phone, please contact COA staff by email [email protected] or call 905-546-2424 ext. 4221.

This information is required to register:

• Committee of Adjustment file number that you wish to speak to
• the hearing date
• name and address of the person wishing to speak
• if they will be connecting via phone or video (if applicable the phone number they will be using 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 the Wednesday afternoon before the hearing. The link must not be shared with others as it is unique to the registrant.

All members of the public who register will be contacted by Committee Staff to confirm details of the registration prior to the Hearing and provide an overview of the public participation process.

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.

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.

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.

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/, 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;
• All other information as required by the Appeal Form.