Committee of Adjustment / Comité de dérogation
DECISION CONSENT/SEVERANCE
Date of Decision: May 1, 2026
Panel: 2 - Suburban
File: D08-01-25/B-00285
Application: Consent under section 53 of the Planning Act
Applicant: Wesley Clover International Corporation
Property Address: 360 Terry Fox Drive
Ward: 4 - Kanata North
Legal Description: Block 3 on Registered Plan 4M-642
Zoning By-law: 2008-250, 2026-50
Zoning: 1P6[1552]H(44), EDK[1522]H(44)
Heard: April 21, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to subdivide their property into two separate parcels of land to create a new lot for future development. The existing two-storey office building will remain. The owner of 362 Terry Fox Drive has filed a related consent application for a lot line adjustment, to transfer a part of its property to the subject property.
CONSENT REQUIRED
2The Applicant seeks the Committee’s consent to sever land. The property is shown as Parts 1 to 11, 21 to 24, 26, 28 and 29 on a draft 4R-plan filed with the application, including land that is proposed to be transferred to the subject property from 362 Terry Fox Drive as in consent application D08-01-25/B-00296, and the separate parcels will be as follows:
Table 1 Proposed Parcels
| File No. | Frontage | Depth | Area | Parts | Building |
|---|---|---|---|---|---|
| B-00285 | 68.35 m | 175 m | 18,940 sq. m | 3 to 11, 21 to 24, 26, 28 and 29 | Existing two-storey office building (360 Terry Fox Drive) |
| Retained | 267.27 m | 152 m | 20,031 sq. m | 1 and 2 | Vacant |
3It is also proposed to establish easements/rights of way on the severed land, in favour of 362 Terry Fox Drive, as follows:
- Over Parts 7, 9, 10, 22, 24, and 29 for vehicular access.
- Over Parts 7, 9, 10, and 22 for storm, sanitary and water services, and related access for maintenance.
- Over Parts 23, 24, 26, and 29 for a storm drain and related access for maintenance.
4The Applicant indicates the property is subject to existing easements as in LT6233394, LT866060, LT912063, OC2805437 and OC2805468.
5The property is not the subject of any other current application under the Planning Act.
6For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, the application was deemed complete on March 24, 2026.
PUBLIC HEARING
7Prior to the hearing on April 21, 2026, the Committee received an adjournment request from the City to allow the Applicant time to provide an Environmental Impact Study and a Tree Conservation Report.
8The Committee heard from Arjan Soor, agent for the Applicant, who objected to the adjournment request and explained that, through discussions with City staff, it was agreed that an Environmental Impact Statement and a Tree Conservation Report would not be required, and an adjournment was not necessary.
9City Planner Shoma Murshid confirmed that an adjournment was not required.
10The Committee agreed to proceed with the agenda and hear the application without delay.
Oral Submissions Summary
11Mr. Soor provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request.
12Ms. Murshid provided revised wording for the City’s requested condition requiring a site servicing brief. She also asked that the conditions requiring an Environmental Impact Study and a Tree Conservation Report be removed.
13Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Tests
14Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Planning Statement, 2024, and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):
Criteria
(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,
a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;
b) whether the proposed subdivision is premature or in the public interest;
c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
d) the suitability of the land for the purposes for which it is to be subdivided;
d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;
e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
f) the dimensions and shapes of the proposed lots;
g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
h) conservation of natural resources and flood control;
i) the adequacy of utilities and municipal services;
j) the adequacy of school sites;
k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
Evidence
15Evidence considered by the Committee included all oral submissions made at the hearing, as highlighted above, and the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:
Application and supporting documents, including cover letter, plans, parcel abstract, photo of the posted sign, and a sign posting declaration.
City Planning Report received April 16, 2026, requesting an adjournment.
Mississippi Valley Conservation Authority email received April 15, 2026, with no objections.
Hydro Ottawa email received April 13, 2026, with comments.
Effect of Submissions on Decision
16The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
17Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Planning Statement, 2024, that promotes building homes, sustaining strong communities; providing infrastructure and public service facilities in an efficient manner while accommodating projected needs; the wise use and management of resources; and, protecting public health and safety.
18The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety.
19Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
20Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.
21THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
"Fabian Poulin" FABIAN POULIN VICE-CHAIR
"Jay Baltz" JAY BALTZ MEMBER
"George Barrett" GEORGE BARRETT MEMBER
"Heather MacLean" HEATHER MACLEAN MEMBER
Absent JULIANNE WRIGHT MEMBER
"Gary Duncan" GARY DUNCAN MEMBER
I certify this is a true copy of the decision of the Ottawa Committee of Adjustment, dated May 1, 2026. “Michel Bellemare” MICHEL BELLEMARE SECRETARY-TREASURER
NOTICE OF RIGHT TO APPEAL
To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form and the filing fee must be submitted via one of the below options and must be received no later than 3:00 p.m. on May 21, 2026.
OLT E-FILE SERVICE – An appeal can be filed online through the E-File Portal . First-time users will need to register for a My Ontario Account. Select [Ottawa (City): Committee of Adjustment] as the Approval Authority. To complete the appeal, fill in all the required fields and provide the filing fee by credit card.
BY EMAIL - Appeal packages can be submitted by email to cofa@ottawa.ca. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. Please indicate on the appeal form that payment will be made by credit card.
IN PERSON – Appeal packages can be delivered to the Secretary-Treasurer, Committee of Adjustment, 101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. In person payment can be made by certified cheque or money order made payable to the Ontario Minister of Finance, or by credit card. Please indicate on the appeal form if you wish to pay by credit card.
Please note only one of the above options needs to be completed. If your preferred method of appeal is not available at the time of filing, the appeal must be filed with one of the other two options.
The Ontario Land Tribunal has established a filing fee of $400.00 per type of application with an additional filing fee of $25.00 for each secondary application.
Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A “specified person” does not include an individual or a community association.
There are no provisions for the Committee of Adjustment or the Ontario Land Tribunal to extend the statutory deadline to file an appeal. If the deadline is not met, the OLT does not have the authority to hold a hearing to consider your appeal.
If you have any questions about the appeal process, please visit File an Appeal | Ontario Land Tribunal
NOTICE TO APPLICANT(S)
Should a Development Agreement be required, such request should be initiated 30 working days prior to lapsing date of the consent and should include all required documentation including that related to transfers, easements, and postponements, and all approved technical studies. If you do not fulfill the conditions of provisional consent within the two-year period, the Planning Act provides that your application “shall be deemed to be refused”.
Ce document est également offert en français.
Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436
APPENDIX A
That the Owner(s) submit a request for municipal addresses for each parcel, as required, to be assigned by the City, to the satisfaction of the Chief Building Official, or their designate. Confirmation of the assigned municipal addresses shall be provided in writing from Municipal Addressing, Building Code Services, to the Committee.
That the Owner(s) provide evidence, to the satisfaction of the Manager of Development Review All Wards, Planning, Development and Building Services Department, that each existing parcel has its own independent storm, sanitary and water services connected to City infrastructure and that these services do not cross the proposed severance line. If they do cross or are not independent, the Owner(s) will be required, at their own cost, to relocate the existing services or construct new services from the City sewers/watermain. Notice shall be provided in writing to the Committee from the Department confirming this condition has been fulfilled.
That the Owner(s) provide a Site Servicing brief/memo, prepared by a Professional Civil Engineer, licensed in the Province of Ontario, outlining the municipal servicing requirements, including assessing the fire flow demand for each unit and indicating, if required, that capacity exists within existing City infrastructure. The brief/memo shall be to the satisfaction of Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.
That the Owner(s) provide evidence that the lot line adjustment as in consent application D08-01-25/B-00296 has been completed.
That upon completion of the above conditions, and within the two-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for a conveyance for which the consent is required, to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.