HomeMy WebLinkAboutPLN 40-23Report to
Planning & Development Committee
Report Number: PLN 40-23
Date: December 4, 2023
From: Kyle Bentley
Director, City Development & CBO
Subject: Delegation of Land Division Responsibilities from
the Region of Durham to the City of Pickering
Recommendation:
1. That the Draft By-law to constitute the Committee of Adjustment under the Planning Act,
and to authorize the Committee to grant approval of both minor variance and consent for
land severance applications, within the City of Pickering, effective January 1, 2024, as set
out in Appendix I to Report PLN 40-23, be finalized and forwarded to Council for
enactment;
2. That the Draft By-law to authorize the Director, City Development & CBO, or a designate,
to grant approval of technical consent applications (including easements, lot line
adjustments, title validations, and leases or mortgages greater than 21 years), within the
City of Pickering, effective January 1, 2024, as set out in Appendix II to Report PLN 40-23,
be finalized and forwarded to Council for enactment;
3. That the revised Terms of Reference, pertaining to the expanded role of the Committee of
Adjustment to consider consent for land severance applications, as set out in Appendix III
to Report PLN 40-23, be approved;
4. That Council direct staff to initiate an amendment to the Pickering Official Plan, to amend
the policies to expand the role of the Committee of Adjustment to include consent for land
severance applications; to recognize the delegation of authority to the Director, City
Development & CBO, or a designate, to grant approval of technical consent applications;
and to set out the requirement for mandatory pre-consultation prior to the submission of a
consent application; and
5. That the appropriate City of Pickering officials be authorized to take such actions as are
necessary to give effect to the recommendations of this report.
Executive Summary: The purpose of this report is to inform Council of the Region of
Durham’s recent delegation of land division responsibilities and authority to grant consents to
Pickering City Council. On October 25, 2023, Durham Regional Council passed
By-law 61-2023, a By-law to delegate Regional Council’s land division responsibilities and
authority to grant consents, under the Planning Act, to each of the Region’s area
municipalities, including the City of Pickering, effective January 1, 2024.
PLN 40-23 December 4, 2023
Subject: Delegation of Land Division Responsibilities from Page 2
the Region of Durham to the City of Pickering
This follows the tabling of Provincial Bill 23, More Homes Built Faster Act, intended to advance
the province’s goal of building 1.5 million homes across Ontario over the next ten years. Bill 23
introduces several changes to the land use planning system in Ontario and makes legislative
amendments to the Planning Act and other pieces of legislation, including the reclassification
of the Region of Durham, and six other regional governments in Ontario, as “Upper-Tier
Municipalities without Planning Responsibilities”.
Staff recommend that Council pass by-laws to delegate the authority to approve consent for
land severance applications to the City’s Committee of Adjustment, and delegate the authority
to approve technical consent applications to the Director, City Development & CBO, for the
following reasons:
• The Committee of Adjustment has experience reviewing consent for land severance
applications;
• It is consistent with other Councils within the Greater Toronto Area (GTA), that have
delegated land severance responsibilities to their Committees of Adjustment;
• Technical consent applications can be delegated to City Development staff; and
• There are similarities between the Planning Act requirements for providing public notice of
consent applications and to the notice requirements for minor variance applications.
The staff recommendations noted above will ensure a smooth transition of responsibilities from
the Region of Durham to the City of Pickering, which will minimize delays to the Pickering
businesses and residents that seek these services.
Financial Implications: No direct costs to the City are anticipated as a result of the
recommendations of this report. User fees for consent applications have been added to the
proposed 2024 User Fees schedule.
Discussion:
1. Purpose and Background
1.1 Bill 23, More Homes Built Faster Act, 2022
In October of 2022, the Province of Ontario tabled Bill 23, More Homes Built Faster Act,
intended to advance the province’s goal of building 1.5 million homes across Ontario
over the next ten years. The Bill introduces several changes to the land use planning
system in Ontario and makes legislative amendments to the Planning Act and other
pieces of legislation.
Through Bill 23, the Province proposes to reclassify the Region of Durham, and six
other regional governments in Ontario, as “Upper-Tier Municipalities without Planning
Responsibilities”. If proclaimed as proposed, Bill 23 will remove the Region’s authority to
grant approval of consent applications and delegate this approval authority to the lower-
tier municipalities.
PLN 40-23 December 4, 2023
Subject: Delegation of Land Division Responsibilities from Page 3
the Region of Durham to the City of Pickering
Bill 23 received Royal Assent in November of 2022. Although this part of the Bill has yet
to be proclaimed, Regional Council has pro-actively passed a by-law to delegate land
division responsibilities and authority to grant consents to the Region’s lower-tier
municipalities, including the City of Pickering, effective January 1, 2024.
The purpose of this report is to inform Council of the Region of Durham’s delegation of
land division responsibilities and authority to grant consents to Pickering City Council. In
addition, this report is to advise Council of staff’s recommendations:
• to delegate the authority to approve consent for land severance applications to the
City’s Committee of Adjustment; and
• to delegate the authority to approve technical consent applications (including
easements, lot line adjustments, title validations, and leases or mortgages greater
than 21 years) to the Director, City Development & CBO.
1.2 What is a land severance/consent application?
A consent for land severance application is a request to sever a piece of land to create
a new parcel of land. Section 16.26 of the Pickering Official Plan, pertaining to Land
Severances, allows a landowner to create up to three new lots through the consent
process. A landowner must make a request to Council to create more than three lots
through the consent process, otherwise an application for draft plan of subdivision is
required. A consent application can also be used to grant lot line adjustments, register
an easement, validate a title, and lease or mortgage a piece of land for more than
21 years and are referred to as technical consents.
1.3 Former Land Severance/Consent Review Process
Durham Regional Council previously delegated the authority for approving all consent
applications within the Region of Durham to the Regional Land Division Committee.
Regional Planning staff assisted the Committee in processing these applications in
accordance with the provisions of the Planning Act, including scheduling public
hearings, providing notice of hearings to the public and external agencies for comment,
preparing recommendations for the Committee, recording decisions, processing
appeals, overseeing clearance of conditions, and issuing consent certificates.
City Development and Engineering Services staff reviewed and commented on consent
applications located within the City of Pickering. To assist the Regional Land Division
Committee in making its decision, City staff provided the Committee with an assessment
of the application’s conformity with the Pickering Official Plan, Zoning By-law, and other
City standards. City staff also provided the Committee with recommended conditions of
approval, which had to be satisfied prior to the final clearance of a land
severance/consent application.
1.4 The Region has delegated land division responsibilities to the City
Under Section 54 of the Planning Act, the Regional Council of an upper-tier municipality
may delegate to the Council of a lower-tier municipality, the authority to grant approval
of consent applications for properties located within its municipality. In turn, the Council
PLN 40-23 December 4, 2023
Subject: Delegation of Land Division Responsibilities from Page 4
the Region of Durham to the City of Pickering
of a lower-tier municipality may delegate this authority to a Committee of Council (such
as the Planning & Development Committee), an appointed officer (such as the Director,
City Development & CBO), or to their Committee of Adjustment.
On October 25, 2023, Durham Regional Council passed By-law 61-2023, to delegate
Regional Council’s land division responsibilities and authority to grant consents to the
Council of each of the Region’s lower-tier municipalities, effective January 1, 2024 (see
Attachment #1, Region of Durham By-law 61-2023). Furthermore, Regional Council
recommended that the Council of each lower-tier municipality pass a by-law to expand
the role of their Committees of Adjustment to include consent applications.
2. Recommendations
2.1 Staff recommend that Council pass by-laws to delegate consent responsibilities
to the Committee of Adjustment and to the Director, City Development & CBO
Staff recommend that Council pass by-laws to delegate the authority to approve
consent for land severance applications to the City’s Committee of Adjustment, and
delegate the authority to approve technical consent applications to the Director, City
Development & CBO, for the following reasons:
i) The Committee of Adjustment has experience reviewing consent for land
severance applications
Presently, City Council delegates the authority for approving minor variance
applications to the Committee of Adjustment, in accordance with Section 44 of the
Planning Act. A minor variance application allows a landowner to request a minor
variance, or change, to a specific requirement in the City’s Zoning By-laws.
In some instances, consent for land severance applications may require approval
of an associated minor variance application. For example, when a new parcel of
land is proposed to be created, the new parcel must comply with the minimum lot
area and lot frontage requirements in the City’s Zoning By-law. If the new parcel of
land does not comply with the by-law requirements, the landowner must apply for a
consent for land severance application and associated minor variance application,
to facilitate the severance.
Between January and November of 2023, the City’s Committee of Adjustment has
reviewed and made decisions on eight minor variance applications that are
associated with a consent for land severance application. Through their review, the
Committee assesses the application’s conformity with the Pickering Official Plan,
Zoning By-law, and other City standards. Considering the Committee’s experience
with reviewing these types of applications, staff are of the opinion that the
Committee can sufficiently assess and make decisions on consent for land
severance applications.
PLN 40-23 December 4, 2023
Subject: Delegation of Land Division Responsibilities from Page 5
the Region of Durham to the City of Pickering
ii) Other Councils within the Greater Toronto Area (GTA) have delegated land
severance responsibilities to their Committees of Adjustment
The three other upper-tier municipalities within the GTA, being York Region, Peel
Region, and Halton Region, have delegated the authority to grant consent for land
severance applications to their lower-tier municipalities. In turn, all 16 lower-tier
municipalities within these Regions have passed a by-law to delegate land
severance responsibilities to their Committees of Adjustment. The City of Toronto,
being a single-tier municipality, has also delegated the authority to grant consent
for land severance applications to their Committees of Adjustment.
iii) Technical consent applications can be delegated to City Development staff
A consent application to grant a lot line adjustment, register an easement, validate
a title, or lease or mortgage a piece of land for more than 21 years is considered a
technical consent application. At the City of Toronto, the authority to approve
technical consent applications has been delegated to the City’s Chief Planner, who
in turn has delegated the authority to the Secretary-Treasurer of their Committees
of Adjustment. Toronto does not hold public hearings for these types of
applications, however, notice of these applications is circulated to the public and
external agencies for comment, for the Secretary-Treasurer to consider.
As the practice of delegating technical consents to staff is considered a practical and
streamlined approach, City staff recommend that the authority to approve technical
consent applications be delegated to the Director, City Development & CBO, or a
designate. In accordance with the requirements in the Planning Act, notice of these
applications will be provided to the public and external agencies for comment,
however no public hearing is required. Should the Director determine that a technical
consent application warrants a public hearing in front of the Committee of
Adjustment, the Director can delegate this application to the Committee.
iv) The Planning Act requirements for providing public notice of consent
applications are similar to the notice requirements for minor variance
applications
Under the Planning Act, public notice of a hearing for a consent application must
be provided a minimum of 14 days prior to the hearing. Notice of decision on a
consent application must be provided within 15 days. Similarly, the Planning Act
requires public notice of a hearing for a minor variance application to be provided a
minimum of 10 days prior to the hearing, and notice of decision must be provided
within 10 days.
City Development staff process minor variance applications in accordance with the
provisions of the Planning Act, including scheduling public hearings, giving notice
of hearings, and issuing notice of decisions. Under the current process, City staff
provide public notice of a minor variance application at least 14 days prior to a
hearing and notice of decision within 10 days. This process could easily be
PLN 40-23 December 4, 2023
Subject: Delegation of Land Division Responsibilities from Page 6
the Region of Durham to the City of Pickering
adapted to provide public notice of a hearing and notice of decision for a consent
for severance application, in accordance with the provisions of the Planning Act.
In addition to providing public notice of minor variance applications, City
Development staff also schedule public hearings, prepare recommendation reports
to Committee, hold public hearings, record hearing minutes and decisions, process
appeals, and oversee clearance of conditions, when required. Consent for
severance applications require the same procedures, and therefore could be easily
implemented into the City’s current process for minor variance applications.
For the reasons noted above, staff recommend that the Draft By-law:
• to constitute the Committee of Adjustment under the Planning Act; and
• to authorize the Committee to grant approval of both minor variance and consent for
land severance applications within the City of Pickering;
effective January 1, 2024, as set out in Appendix I to this report, be finalized and
forwarded to Council for enactment.
Staff also recommend that the Draft By-law to authorize the Director, City Development
& CBO, or a designate, to grant approval of technical consent applications, within the
City of Pickering, effective January 1, 2024, as set out in Appendix II to this report, be
finalized and forwarded to Council for enactment.
Further, staff recommend that the revised Terms of Reference, pertaining to the
expanded role of the Committee of Adjustment to consider consent for land severance
applications, as set out in Appendix III to this report, be approved.
2.1.1 No changes to the composition of the Committee of Adjustment are
recommended at this time
Hearings for the Committee of Adjustment are held on the second Wednesday of each
month, for a total of 12 hearings over the course of a year. Regional Planning staff have
indicated that, on average, 25 consent applications are submitted for lands located
within the City of Pickering, over the course of a year. Based on this average, staff
expect to receive about two consent applications per month.
Presently, the Committee of Adjustment is made up of five members. Staff believe that
the current number of members is sufficient to assess two additional applications per
hearing. Furthermore, the Committee Rules of Procedure set out a process to avoid tie
votes, requiring an odd number of Committee members. For these reasons, the
appointment of one new member to the Committee of Adjustment is not recommended.
However, staff will continue to assess the functions of the Committee and determine if
the new responsibilities warrant additional members.
PLN 40-23 December 4, 2023
Subject: Delegation of Land Division Responsibilities from Page 7
the Region of Durham to the City of Pickering
2.2 Staff recommend that Council direct staff to initiate an amendment to the
Pickering Official Plan
Minor amendments to the City’s Official Plan are required, to recognize the authority of
the Committee of Adjustment to grant approval of both minor variance and consent for
land severance applications, and to recognize the delegation of authority to the Director,
City Development & CBO to grant approval of technical consent applications. Staff
recommend that further amendments be made to set out the requirement for mandatory
pre-consultation, prior to the submission of a consent application. This recommendation
is in accordance with policies in the Region’s Official Plan, which requires an applicant
to pre-consult with the Region’s Planning Department prior to the submission of an
application for which the Region is the approval authority.
3. Next Steps
As instructed by Regional Planning staff, the last day to file a consent application with
the Regional Land Division Committee was October 20, 2023. As of December 1, 2023,
new consent applications must be filed with the area municipality in which the property
is located.
To begin accepting applications, City staff have prepared new application forms for
consent applications, which are available to the public on the City’s website, as of
December 1, 2023.
Regional Planning staff will provide training and support to Committee of Adjustment
members, as well as provide ongoing support to City staff and Committee Members
during this transition period. The tentative training date for Committee of Adjustment
members is December 11, 2023, to be held at the Region’s headquarters.
Staff recommend that Council authorize the appropriate City of Pickering officials to take
such actions as are necessary to give effect to the recommendations in this report.
Appendices:
Appendix I Draft By-law to authorize the Committee of Adjustment to grant approval of minor
variance and consent for land severance applications
Appendix II Draft By-law to authorize the Director, City Development & CBO, or a designate,
to grant approval of technical consent applications
Appendix III Revised Terms of Reference pertaining to the expanded role of the Committee of
Adjustment
Attachment:
1. Region of Durham By-law 61-2023
PLN 40-23 December 4, 2023
Subject: Delegation of Land Division Responsibilities from Page 8
the Region of Durham to the City of Pickering
Prepared By:
Original Signed By
Isabel Lima
Planner II
Original Signed By
Deborah Wylie, MCIP, RPP
Manager, Zoning & Administration
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
IL:ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Appendix I to
Report PLN 40-23
Draft By-law to authorize the Committee of Adjustment
to grant approval of minor variance and
consent for land severance applications
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to constitute a Committee of Adjustment under
the Planning Act, R.S.O. 1990 c. P13
Whereas the Council of The Regional Municipality of Durham has passed a by-law to delegate
consent authority for land situated within an Area Municipality to the Council of that Area
Municipality, pursuant to the provisions of Section 54 of the Planning Act;
And whereas the Council of a Municipality may pass a by-law to constitute and appoint a
Committee of Adjustment, and delegate to the Committee of Adjustment the authority or any
part of such authority to deal with applications for consent and minor variance, pursuant to the
provisions of Section 44 and 54 of the Planning Act;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Committee of Adjustment
The City of Pickering Committee of Adjustment, consisting of five persons appointed by
by-law, shall have the authority to grant consents for land severance and minor
variances from the provisions of any by-law of the City that implements the Official Plan,
and shall grant its permission to matters set out in Sections 44, 45, 53 and 54 of the
Planning Act.
2. Transition
By-law 2119/85 shall be repealed upon this By-law coming into effect.
3. Effective Date
This By-law shall come into full force and effect on January 1, 2024.
By-law passed this XX day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Appendix II to
Report PLN 40-23
Draft By-law to authorize the Director, City Development & CBO, or a designate,
to grant approval of technical consent applications
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to delegate to the Director, City Development &
CBO authority of the Council of The Corporation of the City of
Pickering, under the Planning Act, R.S.O. 1990 c. P13
Whereas the Council of The Regional Municipality of Durham has passed a by-law to delegate
consent authority for land situated within an Area Municipality to the Council of that Area
Municipality, pursuant to the provisions of Section 54 of the Planning Act;
And whereas the Council of a Municipality may pass a by-law to delegate, to an appointed
office identified in the by-law by name or position, the authority or any part of such authority to
deal with applications for consent, pursuant to the provisions of Section 54 of the Planning Act;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Delegation of Authority
The authority of the Council of The Corporation of the City of Pickering under
Sections 53 and 54 of the Planning Act, related to the approval of technical consent
applications (including easements, lot line adjustments, title validations, and leases or
mortgages greater than 21 years), but excluding the authority to grant consents for land
severance, is hereby delegated to the Director, City Development & CBO, or a
designate.
2. Effective Date
This By-law shall come into full force and effect on January 1, 2024.
By-law passed this XX day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Appendix III to
Report PLN 40-23
Revised Terms of Reference pertaining to the expanded
role of the Committee of Adjustment
Terms of Reference – Committee of Adjustment Page 1
Terms of Reference
Committee of Adjustment
Amendments to the Terms of Reference are indicated in red font.
1.0 Mandate
The Committee of Adjustment is an independent and autonomous quasi-judicial
body made up of five citizen members appointed by City Council. The Committee
performs its duties at “arm’s length” from City Council and operates under the
authority of the Ontario Planning Act. The purpose of the Committee is to provide
a forum for the expeditious consideration of consents for land severance and
minor variances to the City’s zoning by-laws.
The Committee is authorized by the Planning Act to consider applications for:
Consents for Land Severance:
Section 54 of the Planning Act
• Consents to sever a piece of land to create a new parcel or parcels of land;
Minor Variances:
Sections 44 and 45 of the Planning Act
• Minor variances from the provisions of the Zoning By-law;
• Extensions, enlargements or variations of existing legal non-conforming uses
under the Zoning By-law; and
• Determine whether a particular use conforms with the provisions of the
Zoning By-law where the uses of land, buildings or structures permitted in the
by-law are defined in general terms.
The Committee of Adjustment is also subject to the following statutes:
• Municipal Act – This Act requires Committee of Adjustment Decisions to be
made openly, in public, and at the hearing, and also requires the Committee
to have a procedural by-law; and
• Municipal Conflict of Interest Act – This Act sets a standard of good conduct
for council and committee members, and defines situations when an
individual council or committee member's personal interest or the interest of
their immediate family conflict with the broader municipal interest.
• Statutory Powers Procedures Act – This Act sets out minimum standards for
conducting a hearing;
Terms of Reference – Committee of Adjustment Page 2
2.0 Goals, Objectives and Responsibilities
Consents for Land Severance:
Section 16.26 of the Pickering Official Plan allows a landowner to create up to
three new lots through the consent/land division process. A landowner must
make a request to Council to create more than three lots through the
consent/land division process, otherwise an application for draft plan of
subdivision is required.
For the Committee to approve this type of application, Section 51(24) of the
Planning Act requires that the members have regard for:
• Consistency with the Provincial Policy Statement and Provincial Plans;
• Whether the application is premature or in the public interest;
• Whether the application conforms to the Region and City’s Official Plans;
• The suitability of the land for the purposes for which it is to be divided;
• The dimensions and shapes of the proposed lots;
• The restrictions or proposed restrictions, if any, on the land proposed to be
divided or the buildings and structures proposed to be erected on it and the
restrictions, if any, on adjoining land;
• Conservation of natural resources and flood control;
• The adequacy of utilities and municipal services; and
• The area of land, if any, to be conveyed or dedicated for public purposes.
Minor Variances:
The Zoning By-law regulates how land and buildings are used and where
buildings and structures can be located. Zoning By-laws also specify lot sizes
and dimensions, parking requirements, building heights and other regulations
necessary to ensure proper and orderly development. Sometimes it is not
possible or desirable to meet all of the requirements of the Zoning By-law. In that
case, a property owner may apply for approval of a minor variance. A minor
variance provides relief from a specific Zoning By-law requirement.
The majority of minor variance applications typically dealt with by the Committee
are requests for minor variances to the zoning by-law in which an applicant seeks
relief from a specific requirement of the zoning by-law, such as a reduction in
minimum yard width or an increase in maximum permitted building height.
For the Committee to approve this type of application, Section 45(1) of the
Planning Act requires that the members must be satisfied that the application:
• Is considered to be a “minor” change from the Zoning requirements;
• Is desirable for the appropriate development or use of the land, building or
structure;
• Maintains the general intent and purpose of the Official Plan; and
• Maintains the general intent and purpose of the Zoning By-law.
Terms of Reference – Committee of Adjustment Page 3
Mandate:
The Committee of Adjustment will accomplish its mandate by:
1. Reviewing the merits of the application, the documentation and evidence put
forward, conducting site inspections and rendering decisions on the
application, in accordance with the requirements of the Planning Act.
2. Complying with the applicable rules, regulations and policies for the
Committee of Adjustment.
3.0 Composition
The Committee of Adjustment is composed of the following:
• 5 Citizen Appointments
• City Support Staff – Secretary-Treasurer
• City Support Staff – Assistant Secretary-Treasurer
4.0 Member Qualifications
It is desired that the Committee develop community-focused outcomes while
rendering decisions in accordance with the provisions of the Planning Act.
Individuals should have a demonstrated commitment and interest in the
community, and the committee membership should reflect a balanced
representation from the areas of planning, construction and lay people.
5.0 Hearing Schedule
The Committee of Adjustment hearings are held the second Wednesday of each
month to consider consent for severance and minor variance applications.
Hearings can be conducted in person, electronically or hybrid. On average, there
are between four to eight applications scheduled for each hearing. The
Committee Members will be provided with an agenda the Friday before the
hearing, which contains a summary of the applications and all comments
received through circulation of the application.
Comments received after preparation of the agenda are shared with the
Committee through the City’s ShareFile platform. The agenda also includes a
report from the City Development Department on each consent for land
severance and/or minor variance application.
The Committee hearings are scheduled to start at 7:00 pm. The Secretary-
Treasurer of the Committee of Adjustment or designate will attend the hearings
to assist the Committee with interpretations or other technical details and the
Assistant Secretary-Treasurer will be in attendance to take minutes. Committee
of Adjustment hearings are also open to the public, and all applicants and any
interested parties may attend the hearings to present comments or concerns.
Terms of Reference – Committee of Adjustment Page 4
Committee hearings are intended to be as informal and applicant-friendly as
possible, however Rules of Procedure for the hearings are to be followed. As per
Section 44(7) of the Planning Act, a Committee Member will be appointed to act
as Chairperson for the hearings in order to provide a clear structure and process.
The Committee of Adjustment must make a decision on each application as it is
heard at the hearing, either for approval, refusal, deferral to another hearing or
tabled indefinitely. All discussions among Committee members, and between
Committee members and the applicant/public on applications are to take place at
the hearing.
The Committee may impose conditions that must be fulfilled as part of the
approval of an application, or may approve an application with revisions, as long
as those revisions result in a similar variance than what was originally applied for.
In making a decision, the Committee must pass a resolution that clearly sets out
the reasons for the decision. The City Development Department will provide a
report providing a policy analysis and a recommendation on the application to
assist the Committee in rendering decisions.
Minutes of the hearings and the mailing of decisions of the Committee are
coordinated by the Assistant Secretary-Treasurer.
Each Committee of Adjustment decision is subject to a twenty-day appeal period
during which the Committee’s decision may be appealed to the Ontario Land
Tribunal by applicants, City Council, the Province, and public bodies. The City
Development Department keeps City Council informed of all Committee of
Adjustment decisions and appeals.
6.0 Budget
Committee Members are paid in accordance with a City Council Resolution.
Honorarium (Chair $150.00 per attended hearing, Member $140.00 per attended
hearing, as per By-law 8004/23) and mileage (61 cents per kilometer) are paid on
a bi-annual basis (January to June and July to December).
Attachment #1 to Report PLN 40-23
Authority: Report #2023-P-22
By-law Number 61-2023
of The Regional Municipality of Durham
Being a by-law to delegate Regional Council’s Land Division responsibilities and authority
to grant consents under the Planning Act to each of the Region’s Area Municipalities.
Whereas Council of The Regional Municipality of Durham has all authority under section
50(1)(a) of the Planning Act to give consents in respect of land located within the
geographical boundaries of the Regional Municipality of Durham.
And Whereas Council of The Regional Municipality of Durham has the authority to, and has
previously delegated to the Durham Land Division Committee its authority to deal with
applications for consent under By-law 20-73 and By-law 19-2020 as authorized by section
s.54(1) of the Planning Act.
And whereas Council of The Regional Municipality of Durham may, by by-law, withdraw
any such delegated authority.
And whereas Council of The Regional Municipality of Durham may, in accordance with the
provisions of s.54(1) of the Planning Act, delegate consent authority for the land situated
within an Area Municipality to the Council of that Area Municipality.
Now therefore, the Council of The Regional Municipality of Durham hereby enacts as
follows:
1.Definitions
In this by-law:
a.“Area Municipality” shall mean the Town of Ajax, the Township of Brock, the
Municipality of Clarington, the City of Oshawa, the City of Pickering, the Township
of Scugog, the Town of Whitby, and the Township of Uxbridge;
b.“Council” shall mean the council of the Region;
c.“Planning Act” shall mean the Planning Act, R.S.O. 1990, c.P.13, as amended;
d.“the Region” shall mean The Regional Municipality of Durham.
2.That subject to section 4, By-laws 20-73 and 19-2020 of the Region are hereby
revoked effective December 31, 2023.
3.That subject to section 4, all authority of Council of the Region to grant consents and
all other jurisdiction pursuant to section 50(1)(a) of the Planning Act, is hereby
delegated to the council of each Area Municipality within the Region for lands situated
within their local area municipal boundaries effective January 1, 2024.
4.Any application for consent received by the Durham Land Division Committee after
4:30pm October 20, 2023 will be forwarded to the applicable Area Municipal Council
after passage of the by-law for processing.
5.As of January 1, 2024 the delegation powers as described herein shall apply in a
retroactive fashion any application where the Region’s Land Division Committee has
not granted provisional consent.
6. As of January 1, 2024 the Commissioner of Planning and Economic Development or
their designate shall retain s. 53(42) authority to grant a certificate for all applications
for which the Regional Land Division Committee has granted provisional consent.
7. This By-law shall come into force and effect on the date of passage.
This By-law Read and Passed on the 25th day of October, 2023.
J. Henry, Regional Chair and CEO
A. Harras, Regional Clerk