Minor Variance

What is a minor variance in Ontario?

A minor variance is a small, permitted deviation from a municipality's zoning by-law, granted by the local Committee of Adjustment under section 45 of the Planning Act. It allows a property owner to vary one or more specific zoning requirements — most commonly setbacks, building height, lot coverage, or parking — without rezoning the property or amending the underlying by-law. The Committee of Adjustment must find the requested variance meets four statutory tests before granting it.

The four tests for a minor variance

Section 45(1) of the Planning Act requires the Committee of Adjustment to find that the requested variance:

1. Is minor — the deviation is small in scope and impact
2. Is desirable for the appropriate development or use of the land
3. Maintains the general intent and purpose of the zoning by-law
4. Maintains the general intent and purpose of the official plan

All four tests must be satisfied. A variance that fails any one test is rejected. The "minor" test is the most subjective and is where most contested applications turn.

Common minor variance scenarios

The application process

A minor variance application typically takes two to three months end to end:

1. Applicant submits the application to the local Committee of Adjustment with required drawings and fees
2. Notice is given to neighbours within a defined radius (usually 60 metres)
3. Public hearing where the Committee considers the application and any neighbour objections
4. Committee issues a written decision
5. 20-day appeal period during which the decision can be appealed to the Ontario Land Tribunal

If no appeal is filed, the decision becomes final after 20 days. Building permits can then be issued in accordance with the variance.

Where this appears in your Humber program

Minor variances are core content in Course 1: Real Estate Essentials under the property law and zoning module, with practical scenarios in Course 4: Commercial Real Estate for commercial-use variations. Registrants representing buyers of properties with existing variances or those planning future modifications need to understand the process and the appeal window.

Frequently asked questions

Who decides minor variance applications in Ontario?

Minor variance applications in Ontario are decided by the Committee of Adjustment of the municipality where the property is located. Each municipality appoints its own Committee under section 44 of the Planning Act. Decisions can be appealed to the Ontario Land Tribunal within 20 days of issuance.

How long does it take to get a minor variance?

A simple minor variance application typically takes two to three months from filing to a Committee decision, plus a 20-day appeal window before the decision becomes final. Complex applications, contested hearings, and appeals to the Ontario Land Tribunal can extend the timeline to six months or more.

What is the difference between a minor variance and a zoning amendment?

A minor variance grants a small deviation from the existing zoning by-law for a specific property without changing the by-law itself. A zoning amendment changes the by-law for a property or area, allowing broader changes (e.g., changing the use from residential to commercial). Minor variances are decided by the Committee of Adjustment; zoning amendments require a council decision.

Can a minor variance be appealed?

Yes. Either the applicant or any party who received notice of the application can appeal the Committee of Adjustment's decision to the Ontario Land Tribunal within 20 days of the written decision. The OLT conducts a hearing and issues a binding determination. Appeals add several months and meaningful legal cost to the process.

Practice this topic

ExamAce covers zoning, minor variance scenarios, and Committee of Adjustment procedures in the Course 1 question bank, with practical scenarios on disclosure of existing variances and post-purchase variance applications.