By-law to Establish Committee of Adjustment/Property Standards Committee

BY-LAW Number: 



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BL2015-008 Committee of Adjustment_PropertyStandardsCommittee.pdf805.08 KB
WHEREAS the Planning Act, R.S.O. 1990, c.P.13, Section 44(1) provides that councils of local municipalities may enact by-laws to appoint a Committee of Adjustment providing a by-law has been enacted under provision Section 34 of the said Act or a predecessor of such Section;
AND WHEREAS the Council of the Corporation of the Town of Collingwood has enacted such a by-law under the provision of Section 34 of the Planning Act or a predecessor of such Section;
AND WHEREAS Section 15.6(1) of the Building Code Act, 1992, S.O. 1992, c.23 provides that a by-law prescribing the standards of the maintenance and occupancy of property within the municipality passed under section 15.1 shall provide for the establishment of a committee composed of such persons, not fewer than three, as the council considers advisable to hold office for such term and on such conditions as the by-law may establish;
AND WHEREAS By-law No. 2005-54 was enacted and passed by Council of the Town of Collingwood, a by-law for prescribing standards for the maintenance and occupancy of property within the Town of Collingwood and to establish a Property Standards Committee;
AND WHEREAS on December 15, 2014 Council of the Town of Collingwood enacted and passed By-law No. 2014-090, a by-law to govern the proceedings of Council, Standing Committees, and Other Committees and Boards of Council;
AND WHEREAS the Council of the Town of Collingwood deems it expedient to re-establish a Committee of Adjustment/Property Standards Committee in accordance with the Council approved governance recommendations and thereby repealing any by-law or section(s) of such inconsistent with the provisions of this By-law; 
In this By-law:
“Act” means the Municipal Act, 2001, S.O. 2001, c. 25, and any amendments and regulation thereto;
“Committee” means the Committee of Adjustment and Property Standards Appeal Committee;
“Council” means the Council of the Town of Collingwood;
“Collingwood” means the Corporation of the Town of Collingwood;
“Director” means the Director of Planning Services;
“Town” means the Town of Collingwood.
2.1 The Council of the Corporation of the Town of Collingwood hereby re-establish a Committee to be known as the “Committee of Adjustment” under the authority of the Planning Act, R.S.O. 1990, c.P.13, Section 44(1) and Section 15.6(1) of the Building Code Act, 1992, S.O. 1992, c.23, and Town of Collingwood By-law No. 2005-54, as amended or any successor by-law thereof.
2.2 The Committee shall be a quasi-judicial tribunal appointed by Council and is independent and autonomous from Council.   The Committee will address matters as required in accordance with the Planning Act for Committee of Adjustment and address matters as set out in By-law No. 2005-54 as a Property Standards Appeals Committee.
3.1 The Committee of Adjustment's mandate is to act as a quasi judicial body and hear Applications for "Minor Variances" - where a requirement of a Zoning By-law cannot be met (under Section 45 of the Planning Act). This includes applications, which deal with the enlargement or extension of a building or structure that is legally non-conforming, or for a change in non-conforming use; and further to hear Applications for Consent to "Sever" a property or for any agreement, mortgage or lease that extends for 21 years or more (under Section 53 of the Planning Act).
3.2 As a Property Standards Appeal Committee, if an owner or occupant upon whom an order has been served is not satisfied with the terms or conditions of the order may appeal to the committee by sending a NOTICE OF APPEAL.  The Committee shall conduct a hearing and make a decision with respect to the order.
3.3 The Development and Operations Services Standing Committee can initiate the review of the Terms of Reference at their discretion.
4.1 The composition of the Committee of Adjustment shall be as described in sections 4.2 and 4.3.
4.2 Voting members shall consist of:
  • Five (5) citizen members
4.3 Non-voting members shall not be included to establish quorum, and shall consist of:
  • Committee Secretary-Treasurer
  • Director of Planning, or designate
  • By-law Enforcement Officer, or designate as may be required
  • Clerk, as may be required
4.4 Appointment Process 
The citizen appointments will occur in accordance with the corporate policy known as “Recruitment and Selection – Committee/Local Committee Appointments”.
4.5 Key Qualifications & Eligibility Requirements of Citizen Members include:
  • Must be eligible to vote in the Town of Collingwood municipal election;
  • Citizen members should represent a following skill sets and/or interest areas: interest and understanding of the complexities and challenges of building; have knowledge in one or more areas of: law, planning, architecture, government,economic development, community development, land development, or citizen advocacy, but not act as an agent for applicants before the Committee of Adjustment;
  • demonstrate decision-making, communication, and mediation skills to facilitate an open and fair hearing process; and
  • Demonstrate leadership (mandatory for chair).
5.1 Meetings shall be conducted in accordance with the current enacted Procedural By-law of the Town of Collingwood governing the proceedings of Other Committees and Boards, except as modified herein, unless the Committee has approved their own “Rules and Procedures”.
5.2 Elect a chair and vice chair from amongst its members, all of whom shall hold office at the pleasure of the Committee or for such a period as the Committee prescribes.  
5.3 A member shall hold office for a term concurrent with the term of the appointing council, or until a successor is appointed, and may be reappointed for one or more further terms.
5.4 Meetings of the Committee shall generally be held monthly or at the call of the Chair, with the provision that at least four meetings shall be held per year.  The Committee shall generally establish a regular meeting schedule that may be reviewed from time to time.
5.5 At all meetings of the Committee, every question shall be decided by a majority of votes cast.  In the case of an equality of votes, the Chair of the meeting shall not be entitled to a second or tie-breaking vote.
6.1 A quorum shall consist of a simple majority of the voting members of the Committee.
6.2 Non-voting members are not considered when establishing quorum.
7.1 Members that are unable to attend shall notify the recording secretary and/or staff liaison to report their absence, prior to the meeting date and/or time.
7.2 If a member is absent for three (3) consecutive regular meetings the Committee may recommend to Council to have the member removed from the Committee.  Council shall have the final decision.
7.3 If a member of the Committee resigns, the Committee shall report the resignation to the Clerk as soon as practical to initiate the recruitment process to fill the vacancy.
8.1 Remuneration shall be made to members of the Committee for their participation, unless otherwise directed by Council. 
8.2 Reasonable expenses as approved by the Committee may be compensated to members.
9.1 The Committee shall report all decisions of the Committee to the Development and Operations Services Standing Committee.
9.2 The Committee will work closely with staff but will not have supervisory authority over any staff.   
9.3 Communications between Council and the Committee shall be through the Director of Planning Services, Secretary-Treasurer and/or Municipal Clerk.
10.1 The Development and Operations Services Standing Committee, in conjunction with the Committee, shall have the ability to second people from the community for the purpose of establishing advisory committees and task forces for specific issues or events, as necessary, which would provide meaningful assistance but which would dissolve upon completion of the task.
11.1 The Committee shall abide by all municipal rules, policies, or procedures unless otherwise authorized.
11.2 The Planning Act, Municipal Act and the Municipal Conflict of Interest Act shall bind all Committee members as it relates to disclosure of any direct, indirect or deemed pecuniary interest, closed meetings procedures, and any other requirements under the Acts, which pertain to the conduct of the member.
11.3 All records, documents, correspondence pertaining to the activity of the Committee are considered to be records of the institution, and are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act.
11.4 The records of the Committee shall be retained and preserved in accordance with the provisions of the Town of Collingwood Records Retention By-law. 
12.1 Committee members will be required to sign a confidentiality declaration at the beginning of their term.
12.2 Committee members may cease to be a member of the Committee if they breach confidentiality.  The Committee will make a recommendation to Council to remove the member.  Items that are to be considered confidential will be so noted.
12.3 Members of the Committee are further governed by the Municipal Freedom of Information and Protection of Privacy Act.
13.1 In carrying out the provisions of this By-law, the Committee shall at all times be the agent of the Municipal Corporation and while acting bona fide within the limits of the authority of this by-law neither the Committee nor any member thereof shall incur any liability by reason of anything done or left undone by the Committee; provided however, that nothing in this section contained shall authorize or empower the Committee to incur any debt, liability, or obligation for which the Municipal Corporation shall become liable without having previously obtained the consent of Council of the Town of Collingwood.
14.1 THAT By-law No. 2011-033 be herein repealed.
14.2 THAT this By-law shall come into full force and effect on the date of final passage hereof at which time all By-laws and/or resolutions that are inconsistent with the provisions of this By-law and the same are hereby repealed or rescinded insofar as it is necessary to give effect to the provisions of this By-law.
ENACTED AND PASSED this 5th day of January, 2015.
BL2015-008 Committee of Adjustment_PropertyStandardsCommittee.pdf805.08 KB