A Committee of Adjustment applies four tests before granting a minor variance in Ontario, and all four generally have to pass — a strong result on three of them does not rescue an application that fails the fourth.
Treadstone Law sets out the four tests a Committee of Adjustment applies: whether the variance is minor in nature; whether it is desirable for the appropriate development or use of the land; whether it maintains the general intent and purpose of the zoning by-law; and whether it maintains the general intent and purpose of the municipality’s official plan. The source is direct about how they combine: “all four generally need to be satisfied; failing even one is typically enough to justify refusal.” None of the four resolves to a fixed number — what counts as “minor” is judged against the specific site and its neighbourhood impact, not a percentage threshold.
The four tests also mark the boundary of what a minor variance can do at all. Per the companion guidance on when a full rezoning is required instead, a minor variance is “a narrow deviation from a specific numeric or technical requirement in an otherwise applicable zoning bylaw, where the underlying permitted use itself isn’t changing,” while a full zoning amendment is needed “where the project seeks to change what’s actually permitted on the land, such as introducing a use the current zoning doesn’t allow at all, or where the requested deviation is significant.” The four tests are how a Committee decides a variance request that has already cleared that first, more basic gate.
A builder proposes an infill house with a 1.2 m side-yard setback where the by-law requires 1.5 m — a 0.3 m deviation from a numeric standard, with the use staying single-family. That clears the minor-vs-rezoning gate first. Then the four tests apply: the 0.3 m gap is minor in degree (test 1); a house is still an appropriate use of the land (test 2); the setback rule exists mainly to preserve light and access between neighbouring buildings, and 1.2 m still does that adequately on this lot (test 3); and the official plan’s intent for the neighbourhood’s built form is unaffected (test 4). Now change one fact: a neighbour demonstrates the reduced setback would block their only sightline for a driveway, undermining the very purpose the by-law provision serves. That single failure on test 3 is enough for the Committee to refuse the application — even with tests 1, 2 and 4 all satisfied.
See also: Legal non-conforming use, Building permit vs development permit, Altering a heritage-designated property
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