Deeming By-law

A deeming By-Law deems areas of land to no longer be part of a registered plan of subdivision. This type of By-Law allows certain lots, or parts of lots, on a plan of subdivision to merge. The Planning Act requires a Deeming By-Law for plans of subdivision registered at least eight years before the application.

These types of By-Law are required to be passed when a lot was created through a plan of subdivision. Most often, the reason for applying for a Deeming By-Law is to allow the merging of lots (parcels of land), either with an adulting lot on the subdivision plan, or to allow an Original Shore Road Allowance (OSRA) that fronts a subdivision lot, and which is being closed, to merge with the lots.

Under Ontario law, the configuration of a lot on a plan of subdivision cannot be altered, even if it is to add land to it. Therefore, a By-Law passed by Council is necessary in order to "remove" the lot from the plan of subdivision, also known as "Deeming the lot to not be a lot on a plan of subdivision". Hence the term "Deeming". The removal of the lot from the plan then allows the lot to merge with other lands as it will no longer be required. Once received, a file is set up, assigned to the next available Council meeting for the passing of the By-Law. Should Council pass the By-Law, there is a 20 day appeal period, after which the By-Law is registered at the Registry Office by a solicitor, at which point it will be considered in effect and the land may merge.

All costs associated with the application shall be paid as per the Fees and Charges By-Law. The applicant  understands by making this application that the lots so indicated will be merged together into one parcel of land and may not be subdivided at a future date unless there is compliance with the applicable Official Plan policies. 

Deeming By-Law Application