SORE update
- mmavridis
- Sep 7
- 2 min read
SORE (Save Our Rand Estate) recently submitted an application to the Town of Niagara-on-the-Lake to rezone the Rand Estate property.
Because the application did not include the property owner’s (Two Sisters/Solmar) signature, Town staff determined it to be incomplete. SORE has since appealed this decision to the Ontario Land Tribunal (OLT), where the matter will now be reviewed.
This information has not been shared by SORE on their website. For those interested in following the case directly, here is the case file information: Municipal File No. ZBA-08-2025, 144-176 John Street East, Town of Niagara-on-the-Lake.
Case file link:
Date is set for September 26th 2025
Here’s the breakdown in Ontario:
Planning Act Requirements
Under the Ontario Planning Act, a zoning by-law amendment (rezoning) application must be made by the property owner or by someone authorized in writing by the property owner.
Municipalities typically require the owner’s signature on the application form, or if an agent (like a planner, lawyer, or community group) files it, they must provide a signed authorization letter from the owner.
What Happens Without Owner Consent
If the application does not include owner authorization, it is considered incomplete.
Municipal staff are not obligated to process or circulate the application.
That’s what happened here: SORE submitted the rezoning application but did not include owner consent (from Two Sisters/Solmar). The Town correctly deemed it incomplete.
Appeal to OLT
SORE is now appealing that “incomplete” ruling to the Ontario Land Tribunal (OLT), which will decide whether the Town’s position stands.
Ontario Planning Act – Rezoning Applications
Section 34(10.1) of the Planning Act, R.S.O. 1990, c. P.13 states:
“An application for an amendment to a by-law passed under this section may be made by the owner of any land or by a person authorized in writing by the owner.”
What This Means in Practice
Only a landowner or an agent with written authorization from the landowner can submit a rezoning (Zoning By-law Amendment) application.
Municipal application forms all reflect this — they require:
The owner’s signature, and
If an agent files, a signed authorization letter from the owner.
Without that, the application is incomplete and cannot proceed.
So in this case, because SORE did not have the signature/authorization of the property owner (Two Sisters/Solmar), the Town was correct to rule the application incomplete.
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