A minor variance is permission under Section 45 of Ontario's Planning Act to depart from a specific zoning by-law standard, such as a setback, height, or lot coverage requirement, without rezoning the property. The Committee of Adjustment decides applications against four tests: the variance must be minor, desirable for the appropriate development of the land, and must maintain the general intent and purpose of both the zoning by-law and the official plan. Typical timelines run 2 to 4 months from complete application to decision, application fees commonly range from several hundred to a few thousand dollars depending on the municipality, and decisions can be appealed to the Ontario Land Tribunal. Bill 60 extends the concept of as-of-right variances, which, once regulations define the scope, may allow prescribed minor dimensional variances to proceed without a hearing.
Most projects that stumble at the zoning stage do not need a rezoning. They need relief from one or two specific standards, a rear setback short by a metre, a height over by half a storey, parking short by a stall, and the tool for that is the minor variance. It is the highest-volume approval in Ontario's planning system, and in 2026 it is also the one Bill 60 is starting to rewire.
The Committee of Adjustment must be satisfied on all four tests under Section 45(1) of the Planning Act. Every planning justification letter is structured around them:
| Test | What the Committee asks |
|---|---|
| Is it minor? | Not a fixed numeric threshold; measured by impact. A large numeric change with no adverse impact can be minor, and a small one with real impact can fail |
| Is it desirable for the appropriate development of the land? | Does the variance enable development that makes sense for the site and its context |
| Does it maintain the intent of the zoning by-law? | The purpose behind the standard, such as privacy, light, or streetscape, must still be achieved |
| Does it maintain the intent of the official plan? | The variance must not undermine the policy direction for the area |
Not sure whether your project needs a variance, a rezoning, or nothing at all? PreBuildIQ checks any Ontario address against its zoning in 60 seconds.
Check my site →Conditions are normal: committees routinely approve variances subject to conditions such as building in substantial conformity with the filed plans. Read them carefully, because a condition that conflicts with your construction drawings is a problem discovered at permit review.
Bill 60 extends the concept of as-of-right variances in the Planning Act. The direction is that prescribed, modest dimensional variances would no longer require a Committee of Adjustment hearing at all, removing months and hearing risk from the smallest category of relief. The scope depends on regulations, so until those are in force the safe assumption is that your variance still needs a hearing, but the trajectory across Bill 17, Bill 98, and Bill 60 is consistent: fewer discretionary hearings for small departures, more as-of-right.
Whether a given variance can skip the hearing depends on regulations and your municipality's implementation. Confirm with the municipality, or check your address in PreBuildIQ, before budgeting the timeline either way.
Under Section 45(1) of the Planning Act, the Committee of Adjustment must find the variance is minor, is desirable for the appropriate development or use of the land, maintains the general intent and purpose of the zoning by-law, and maintains the general intent and purpose of the official plan. All four must be satisfied, and "minor" is measured by impact rather than by a fixed numeric threshold.
A typical unopposed application runs 2 to 4 months from complete filing to final decision: several weeks to the hearing, a decision at or shortly after it, and a 20-day appeal period to the Ontario Land Tribunal. An appeal adds many months, which is why resolving neighbour concerns before the hearing is the highest-value preparation step.
Municipal application fees range from several hundred dollars in smaller municipalities to a few thousand dollars in large ones. Most applicants also carry consultant costs for a planning justification and drawings. The total is a small fraction of the cost and time of a rezoning, which is the point of the tool.
Yes. The Committee can refuse an application that fails any of the four tests, and both approvals and refusals can be appealed to the Ontario Land Tribunal within 20 days. Neighbour opposition is the most common trigger, so early engagement and design adjustments are the cheapest insurance.
Bill 60 extends the concept of variances that can proceed as-of-right, meaning prescribed modest dimensional departures would not require a Committee of Adjustment hearing. The practical scope depends on regulations, so until those are in force, confirm with your municipality whether a specific variance still requires a hearing.
PreBuildIQ checks any Ontario address against its zoning designation and approval requirements in 60 seconds, before you spend on consultants.
Run a site report →