Minor variances in Ontario

What the Committee of Adjustment decides, the four tests it applies, and what happens after the hearing.

Updated November 13, 2026

Short answer

A minor variance is permission from the municipality’s Committee of Adjustment to depart from a standard in the zoning by-law, such as a setback, a height or a lot coverage. The committee can grant it if the variance meets four tests in section 45(1) of the Planning Act. The decision can be appealed within 20 days, but only by the applicant, the Minister, a specified person or a public body with an interest in the matter.

How it runs

Zoning review
The design is checked against the by-law, and every standard it does not meet is listed.
Pre-consultation
Many municipalities offer, or require, a meeting with planning staff before the application.
Application
Drawings, a survey and the list of variances are filed with the Committee of Adjustment, with the fee.
Notice
The municipality notifies nearby owners and a notice is posted on the property.
Comments
Planning staff, the conservation authority and other departments comment before the hearing.
Hearing
The committee hears the applicant and anyone who wants to speak, then decides.
Decision and appeal period
The decision is issued in writing, and an appeal can be filed within 20 days.
Building permit
Once the appeal period passes without an appeal, the permit application can rely on the variance.

The four tests

Section 45(1) of the Planning Act. A variance has to meet all four.

It is minor: There is no fixed number. The size of the change and its effect on the street and the neighbours both count.
It is desirable: For the appropriate development or use of the land, building or structure.
It keeps the intent of the zoning by-law: The general intent and purpose of the by-law is maintained.
It keeps the intent of the official plan: The general intent and purpose of the official plan is maintained.

Who can appeal

The applicant: The owner who applied.
The Minister: The Minister of Municipal Affairs and Housing.
A specified person: Defined in the Planning Act, such as certain utilities and railways.
A public body: One with an interest in the matter.

Appeals go to the Ontario Land Tribunal, except in Toronto, where Committee of Adjustment decisions are appealed to the Toronto Local Appeal Body.

Questions

How long does a minor variance take?

It depends on the municipality’s hearing schedule and the comments received. After the decision there is a 20-day appeal period before the building permit can rely on it, so the variance is planned into the schedule from the start.

Can my neighbours stop my variance?

They can speak at the hearing or write to the committee, and the committee weighs what they say. They cannot appeal the decision unless they fall within the groups the Planning Act allows.

What happens if the variance is refused?

The applicant can change the design to meet the by-law, apply again with a different proposal, or appeal within 20 days.

Sources

Checked against these sources on November 13, 2026. This page is general information about building in Ontario. It is not legal advice, and the rules change, so confirm the current requirement for your project.