Ontario Land Tribunal (OLT)온타리오 토지 심판소 (OLT)

What is it?

The Ontario Land Tribunal (OLT) is a provincial tribunal (a body that makes decisions like a court) that settles disputes about how land can be used. When the Planning Act says "Tribunal", it means the OLT (definition in s. 1).

The City of Toronto describes the OLT as a provincial tribunal that hears appeals about zoning by-laws (land-use rules), Official Plan (big-picture city plan) policies and development applications when there is disagreement with a City decision. Its decisions are binding and can uphold or overturn decisions of City Council or the Committee of Adjustment.

City of Toronto documents sometimes list older names, the OMB (Ontario Municipal Board) and LPAT, next to the OLT. Landlord and tenant disputes go to the Landlord and Tenant Board (LTB), and property assessment disputes go to the Assessment Review Board, so these are different bodies.

When owners and buyers meet the OLT

• Appeals of a minor variance (a small exception to the zoning rules) decision (Planning Act, s. 45 (12)). In Toronto these go to the TLAB, as explained below.
• Appeals of a consent (severance) decision or its conditions (s. 53 (19)). In Toronto these go to the TLAB.
• Appeals of a zoning by-law the city has passed (s. 34 (19)).
• An applicant’s appeal when the city refuses a rezoning application or makes no decision within 90 days (s. 34 (11)). If the rezoning also needs an official plan change and you asked for both on the same day, it is 120 days, not 90 (s. 34 (11.0.0.0.1)).
• Appeals of an official plan (s. 17 (24)) and of a development charge by-law (Development Charges Act, s. 14).

Who can appeal, and by when?

Deadlines are short, and who can appeal depends on the type of decision. Several law changes have narrowed the ways that third parties such as neighbours can appeal.

A "specified person" is one of the groups listed in s. 1 of the Act, such as electricity and gas utilities, railway companies and airport operators. An ordinary neighbour is not one. Toronto’s Committee of Adjustment says that since November 28, 2022 only the applicant, the Minister, specified persons and public bodies can appeal.

Toronto uses the TLAB

The Planning Act lets a city set up a local appeal body to hear minor variance and consent appeals instead of the OLT. When it does, those appeals must go to the local appeal body, not to the OLT (s. 8.1 (7)). But section 8.1 does not apply to the City of Toronto (s. 8.1 (25)).

Toronto has its own Toronto Local Appeal Body (TLAB). According to the City, the TLAB was set up under the City of Toronto Act, 2006, and has heard appeals of Committee of Adjustment decisions on minor variances and consents since May 3, 2017.

The City of Toronto says the OLT hears appeals about zoning by-laws, Official Plan policies and development applications. The TLAB’s fees, steps and the ways to challenge its decisions are set out in TLAB rules and the City of Toronto Act, which we could not confirm for this page. Check the TLAB’s official information.

No appeals against additional residential units (ARUs)

There is no appeal to the OLT against official plan policies or parts of a zoning by-law that allow a second or third unit in a house, semi or rowhouse, or one unit in a backyard building (s. 17 (24.1) and s. 34 (19.1)). Only the Minister can still appeal.

But if your project needs a minor variance, that decision can still be appealed as shown in the table above.

What can the Tribunal do?

• In a minor variance appeal, the Tribunal can dismiss the appeal or make any decision the Committee of Adjustment could have made on the original application (s. 45 (18)).
• A zoning by-law appeal can be dismissed without a hearing, for example when the reasons show no land use planning ground, when it is not made in good faith or is frivolous, when it is only meant to cause delay, when no written reasons are given, or when the fee is not paid (s. 34 (25)). Before dismissing, the Tribunal must tell the appellant and let them respond (s. 34 (25.1)).
• If no appeal is filed within 20 days, or all appeals are withdrawn within 15 days after the deadline, the Committee’s decision becomes final (s. 45 (13.2) and (14)).

How an appeal works

1. Find the last day to appeal in the decision or notice. After that day you cannot appeal.
2. File a notice of appeal with reasons and the Tribunal’s fee with the city, not with the OLT: with the Committee’s secretary-treasurer for a minor variance, or with the municipal clerk for a zoning by-law or a consent.
3. The city sends the notice and the record to the Tribunal (s. 45 (13)).
4. The Tribunal may use steps such as mediation and a case management conference before it holds a hearing and decides (s. 17 (24.0.4) mentions these steps).
5. We could not confirm the fee amount or how long it takes for this page. Check the OLT’s official information or ask a planning lawyer.

Watch out when you buy or sell

• If the seller got a minor variance or consent, check that the appeal period is over and the decision is final. While an appeal is open, the decision is not final, so permits or building plans may be delayed.
• Parts of a zoning by-law that are under appeal are not fully in force. The City of Toronto marks some parts of Zoning By-law 569-2013 as under appeal to the OLT and not in full force (case number PL130592 / OLT-22-002465).
• For example, the City says Toronto’s garden suite changes are in force except for one property-specific appeal. Ask the City whether your lot has special rules or an open appeal.
• If a pre-construction project is still waiting for a rezoning or an appeal, its timeline can change. Ask the builder and your lawyer about its approval status.
• Appeals need legal knowledge. This page is not legal advice, so talk to a planning lawyer or a planner.

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