The Planning Act & Minor Variance: A Complete Ontario Guide

Property owners in Ontario continually request modification, creation or deletion of easements. The general consensus from the population at large seems to be: If I have a plan, an agreement with my neighbour, and a lawyer, I can do it!. Sadly, this is not the case. The Planning Act Ontario (R.S.O. 1990, c. P.13) regulates transactions of Real Property in Ontario, including minor variance applications and land severance procedures.

As a future home buyer, its important to understand the Planning Act to make sure the purchased property is valid in the eyes of the governing authorities. This includes understanding both land severance rules and minor variance ontario procedures.

What Is The Planning Act? (Ontario Planning Act Explained)

The primary purpose of the Act is to control the acquisition, disposition, and severance of land in a way that aligns with a municipality’s planning objectives. The Act also gives the municipality the power to enact Zoning prohibitions, perform expropriations, and generally prohibit unauthorized use of Land in Ontario. The Planning act also requires municipalities to have and update an Official Plan.

Two sections are particularly important for residential property owners in Ontario: Section 45 (minor variances) and Section 50 (land severance). Both sections are restrictive in nature and require careful navigation.

Section 45: Minor Variance Applications in Ontario

Section 45 of the Planning Act governs minor variance applications in Ontario, administered through the Committee of Adjustment Ontario system. A minor variance is a small deviation from existing zoning by-law requirements that doesn’t require a full zoning by-law amendment.

What is a Minor Variance?

A minor variance ontario application allows property owners to request small deviations from zoning requirements such as:

• Setback reductions (building closer to property lines)
• Height increases beyond zoning limits
• Lot coverage variations
• Parking requirement reductions
• Floor area ratio adjustments

Minor variance meaning: A minor variance is a legal mechanism under the Ontario Planning Act that permits small deviations from a municipality’s zoning by-law without requiring a full by-law amendment. It is not a right — it must be applied for and approved through the local Committee of Adjustment.

The Four Tests for Minor Variance Approval

Under Planning Act Section 45, the Committee of Adjustment must apply four tests to every minor variance application. All four tests must be satisfied for approval:

1. Minor in nature: The variance requested must be small in scope
2. Desirable for appropriate development: The variance should support good planning
3. General intent of the Official Plan: Must align with municipal planning objectives
4. General intent of the Zoning By-law: Must preserve the by-law’s overall purpose

These four tests minor variance criteria are strictly enforced by the Committee of Adjustment Ontario municipalities.

Committee of Adjustment Process

The Committee of Adjustment Ontario process for minor variance applications involves:

• Application submission: Complete application with supporting documents and fees
• Public notice: Mandatory 10-day notice period to neighboring properties
• Public hearing: Open hearing where objections and support can be presented
• Decision: Committee applies the four tests and renders decision
• Appeals: Unsuccessful applicants can appeal to the Ontario Municipal Board (OMB) within 20 days

Ontario Municipal Board Appeals

If your minor variance application is refused by the Committee of Adjustment, you can appeal to the Ontario Municipal Board. The OMB will conduct a de novo hearing, applying the same four tests to determine if the variance should be granted.

Minor Variance Applications in Toronto

In Toronto, the Committee of Adjustment Toronto handles all minor variance application Toronto submissions through the city’s four district panels. The Toronto Committee of Adjustment processes thousands of applications annually, making it one of the busiest in Ontario.

For a minor variance Toronto application, property owners should:

• Submit through the City of Toronto Committee of Adjustment portal
• Review the applicable district panel (Toronto and East York, Etobicoke York, North York, or Scarborough)
• Prepare supporting materials including site plans, architectural drawings, and a planning rationale
• Budget for application fees (currently $5,558.62 for residential minor variances in Toronto)
• Allow 4-6 weeks from submission to hearing date

The same four tests for minor variance apply in Toronto as across Ontario, but the Committee of Adjustment Toronto panels may have specific requirements for supporting documentation and professional reports.

Section 50: Land Severance and Consent

While Section 45 deals with minor variances, Section 50 is likely the most germane for residential property owners dealing with land transactions. This section is especially restrictive in nature.

The Consequence of Infringement

Contravention of Section 50 of the Planning Act doesn’t just affect the owner; it affects subsequent owners. Subsection 50(21) of The Planning Act stipulates that any transaction prohibited by the Act (including conveyances and mortgages) does not create a valid interest in the land.

Buyers should perform careful due diligence to ensure a seller can grant valid interest in the land.

It’s especially important to ensure the subject property of conveyance does not have a history of contravention. For example, suppose two neighbours agree to registration of an easement, without obtaining consent from the applicable authority. Such transaction would contravene the act. If you purchase one of these properties, your interest in the purchased property could be rendered null and void. The registered owner could not convey the easement nor the remaining parcel without contravening the act.

The Prohibition: Subsection 50(3)

Section 50(3) of The Planning Act reads:No person shall convey land by way of a deed or transfer, or grant, assign or exercise a power of appointment with respect to land, or mortgage or charge land, or enter into an agreement of sale and purchase of land or enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more…

On the surface, it would essentially seem that all transactions involving Real Property in Ontario are prohibited, with the exception of a short term lease (without the option to renew).

However, subsections 50(3)(a) thru 50(3)(h) provide exceptions to the prohibition.

Merging on Title: Look Before you Leap

The Planning Act stipulates that if an individual takes title to a parcel immediately abutting another parcel they already own (the definition of abutting is discussed later), then the ownership says to Merge on Title. As such, Parcel A and Parcel B become one parcel. The Municipality would require consent if the owner wanted to sell Parcel B. Such transaction would then be considered a severance. (There are exceptions to this rule, discussed later.) To ensure avoiding of a merger, seek expert advice.

(A) Plans of Subdivision

Subsection 50(3)(a) does not prohibit transactions so long as they occur in accordance with and within a registered plan of subdivision.

After all, why would the municipality need to re-consent to the same division of land?

However, this does not mean owners are free to continue further divisions or easements. Subsection 50(5) discusses the confusing topic of Part Lot Control (see below).

Example: Owner owns Lot A on Plan 123, and wishes to purchase lot B. If both Lot A, and Lot B are on the Registered Plan of Subdivision PL-123, then Owner could take title to Lot B in the same manner as Lot A. If Owner wishes to sell Lot A and retain Lot B, he could do so without contravening the Planning Act.

It is important to remember that these lots must be whole in nature. If your parcel of land is comprised of Parts (which can be determined in the legal description), this exception would not apply.

**note, the act does stipulate that a municipality could revoke this privilege by enacting a by-law. Expert advice should be sought to ensure avoidance of contravention.**

(B) No Abutting Lands

Subsection 50(3)(b) is the most widely used exception to the prohibitions outlined in The Planning Act. A person may carry out the transaction as long as they do not retain the fee or the equity of redemption (ownership or right to) in any land abutting the land that is buying conveyed or otherwise dealt with, unless that land is the whole of a lot or block in a subdivision (see exception A).

If an owner only owns one parcel of land (Parcel A), and not any land abutting it, they are free to sell, mortgage, or otherwise transact Parcel A in any manner they wish, even if the parcel is described as part of a lot.

(C,D,E,G,H) Involving Government and Environmental Projects

These paragraphs, though illustrating different situations, all provide for when a governmental agency requires acquisition or disposal of land.

(F) Consent Obtained

The final major exception occurs when governmental consent is obtained with respect to the transaction.

Paragraph 53 outlines some conditions of consent, including expiry. According to The Planning Act, government consent lapses after two years the decision is given. It’s important to note that the consent period can be shortened or carry conditions by order of the consenting authority.

Closing Loopholes

There are a few notable loopholes that have been closed with amendments to The Act. A few notable closures are described below:

• Section 15 prevents prohibited transactions from occurring simultaneously. For Example, if an owner owned Parcel A and Parcel B, selling both halves to different owners at the same instant would still contravene the Act, despite the appearance of owning no abutting lands.
• Section 16 prevents partial mortgage discharge, with exceptions
• Section 18 Requires ministerial approval to foreclosures to parts of land. This prevents using foreclosure to force severance by conveying a designated portion of land via proceedings
• Section 19 prevents land owners from altering arrangements of ownership (i.e. tenants in common vs joint tenants) for the purpose of creating a different legal ownership structure and preventing merger.

Conclusion: Understanding the Planning Act Ontario

The Planning Act, though complex in nature, is an incredibly useful piece of legislature covering both minor variance applications and land severance procedures. Whether you’re dealing with the Committee of Adjustment Ontario for a minor variance or navigating Section 50 consent requirements, proper care and expert guidance should be sought when navigating Planning Act Section 45 and other provisions.

The importance of ensuring not only your transaction, but transactions proceeding yours is paramount to ensuring clear, legal, and valid title. Understanding the four tests minor variance requirements and other Planning Act provisions can save significant time and expense.

Do you have a minor variance ontario question or Planning Act issue? Looking to obtain guidance regarding a specific minor variance application or consent matter? Contact Us for a free, no obligation consultation