Under Ontario's Planning Act, what is the maximum time period a Committee of Adjustment has to make a decision on a complete minor variance application?

Q: What is the correct answer to: Under Ontario's Planning Act, what is the maximum time period a Committee of Adjustment has to make a decision on a complete minor variance application?

The correct answer is 45 days. Under Ontario's Planning Act, specifically section 45(18.1), a Committee of Adjustment must make a decision on a complete minor variance application within 45 days of receiving it. This statutory requirement ensures timely processing of applications. If the Committee fails to decide within this period, the application is deemed refused, allowing the applicant to appeal to the Ontario Land Tribunal. This 45-day timeline is mandatory and applies province-wide to all municipalities in Ontario.

Q: What background knowledge is needed for this Land Use & Planning question?

Ontario's Planning Act governs land use planning and development approval processes. A Committee of Adjustment is a quasi-judicial body that hears applications for minor variances from zoning by-laws, consents for land severances, and other planning matters. Minor variance applications allow property owners to seek small deviations from zoning requirements when strict compliance would cause undue hardship. The Committee must consider four tests: the variance is minor, desirable for appropriate development, maintains the general intent of the zoning by-law and official plan. Procedural timelines ensure efficient processing while protecting due process rights.

Q: What is a good way to remember the answer to this Land Use & Planning question?

Remember '45 days to decide or it's denied' - like a countdown timer that automatically triggers refusal. Think of it as a 45-day shot clock in basketball - when time expires, the play is over (deemed refused). When you see Committee of Adjustment timeline questions, immediately think of the 45-day shot clock. If the question asks about minor variance decision timelines, the answer is always 45 days in Ontario.

Q: What exam tip applies to this Land Use & Planning question?

Look for 'Committee of Adjustment' and 'minor variance' together - the answer is always 45 days in Ontario. Don't confuse with other planning timelines like development applications or appeals.

Q: How does this Land Use & Planning concept apply in real world practice?

A homeowner applies for a minor variance to build a deck 2 feet closer to the property line than zoning allows. The Committee of Adjustment receives the complete application on January 15th. They must make their decision by March 1st (45 days later). If they haven't decided by March 2nd, the application is automatically deemed refused, and the homeowner can appeal to the Ontario Land Tribunal. This timeline protects the homeowner from indefinite delays while ensuring the Committee has adequate time for proper review.

Question

Land Use & PlanningCommittee Of AdjustmentONMEDIUM

Under Ontario's Planning Act, what is the maximum time period a Committee of Adjustment has to make a decision on a complete minor variance application?

Answer Options

A

30 days

B

45 days

C

60 days

D

90 days