PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Definitions
42 (0.1) In this section, “effective date” means July 1, 2016. (“date d’effet”) 2015, c. 26, s. 28 (1); 2020, c. 18, Sched. 17, s. 2 (1); 2022, c. 21, Sched. 9, s. 12 (1). Conveyance (1) As a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land be conveyed to the municipality for park or other public recreational purposes. R.S.O. 1990, c. P.13, s. 42 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 42 (1) of the Act is amended by adding “Subject to subsection (1.1)” at the beginning. (See: 2022, c. 21, Sched. 9, s. 12 (2)) Note: On a day to be named by proclamation of the Lieutenant Governor, section 42 of the Act is amended by adding the following subsection: (See: 2022, c. 21, Sched. 9, s. 12 (3)) Same, affordable residential units (1.1) With respect to land proposed for development or redevelopment that will include affordable residential units or attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or residential units described in subsection 4.3 (2) of that Act, the amount of land that may be required to be conveyed under subsection (1) shall not exceed 5 per cent of the land multiplied by the ratio of A to B where, “A” is the number of residential units that are part of the development or redevelopment but are not affordable residential units, attainable residential units or residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the number of residential units that are part of the development or redevelopment. 2022, c. 21, Sched. 9, s. 12 (3). Exception, non-profit housing development (1.2) A by-law passed under this section does not apply to non-profit housing development defined in subsection 4.2 (1) of the Development Charges Act, 1997. 2022, c. 21, Sched. 9, s. 12 (4). Non-application, residential units (1.3) A by-law passed under this section does not apply to the erection or location of, (a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 9, s. 12 (5); 2023, c. 10, Sched. 6, s. 10. Commencement of by-law (2) A by-law passed under this section comes into force on the day it is passed or the day specified in the by-law, whichever is later. 2020, c. 18, Sched. 17, s. 2 (2). When requirement determined (2.1) The amount of land or payment in lieu required to be provided under this section is the amount of land or payment in lieu that would be determined under the by-law on, (a) the day an application for an approval of development in a site plan control area under subsection 41 (4) of this Act or subsection 114 (5) of the City of Toronto Act, 2006
was made in respect of the development or redevelopment; (b) if clause (a) does not apply, the day an application for an amendment to a by-law passed under section 34 of this Act was made in respect of the development or redevelopment; or (c) if neither clause (a) nor clause (b) applies, the day a building permit was issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, the day the first permit was issued. 2022, c. 21, Sched. 9, s. 12 (6). Same, if by-law not in effect (2.2) Subsection (2.1) applies regardless of whether the by-law under which the amount of land or payment in lieu would be determined is no longer in effect on the date the land is conveyed, the payment in lieu is made or arrangements for the payment in lieu that are satisfactory to the council are made, as the case may be. 2022, c. 21, Sched. 9, s. 12 (6). Same, more than one application (2.3) If a development was the subject of more than one application referred to in clause (2.1) (a) or (b), the later one is deemed to be the applicable application for the purposes of subsection (2.1). 2022, c. 21, Sched. 9, s. 12 (6). Exception, time elapsed (2.4) Clauses (2.1) (a) and (b) do not apply if, on the date the first building permit is issued for the development, more than two years have elapsed since the application referred to in clause (2.1) (a) or (b) was approved. 2022, c. 21, Sched. 9, s. 12 (6). Transition (2.5) Subsection (2.1) does not apply in the case of an application made before the day subsection 12 (6) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 9, s. 12 (6). Alternative requirement (3) Subject to subsection (4), as an alternative to requiring the conveyance provided for in subsection (1), in the case of land proposed for development or redevelopment for residential purposes, the by-law may require that land be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 600 net residential units proposed or at such lesser rate as may be specified in the by-law.  R.S.O. 1990, c. P.13, s. 42 (3); 2022, c. 21, Sched. 9, s. 12 (7). Transition (3.0.1) Subsection (3), as it read immediately before the day subsection 12 (8) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, continues to apply to a development or redevelopment if, on that day, a building permit has been issued in respect of the development or redevelopment. 2022, c. 21, Sched. 9, s. 12 (8). Net residential units (3.0.2) For the purposes of subsections (3) and (6.0.1), the net residential units proposed shall be determined by subtracting the number of residential units on the land immediately before the proposed development or redevelopment from the number of residential units that will be on the land after the proposed development or redevelopment. 2022, c. 21, Sched. 9, s. 12 (8). Note: On a day to be named by proclamation of the Lieutenant Governor, section 42 of the Act is amended by adding the following subsection: (See: 2022, c. 21, Sched. 9, s. 12 (9)) Same, affordable residential units (3.0.3) Affordable residential units and attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, and residential units described in subsection 4.3 (2) of that Act shall be excluded from the number of net residential units otherwise determined in accordance with subsection (3.0.2). 2022, c. 21, Sched. 9, s. 12 (9). Consultation (3.1) Before passing a by-law under this section that provides for the alternative requirement authorized by subsection (3), the municipality shall consult with such persons and public bodies as the municipality considers appropriate. 2020, c. 18, Sched. 17, s. 2 (3). (3.2) Repealed: 2022, c. 21, Sched. 9, s. 12 (10). Same, alternative requirement (3.3) A by-law that provides for the alternative requirement authorized by subsection (3) shall not require a conveyance or payment in lieu that is greater than, (a) in the case of land proposed for development or redevelopment that is five hectares or less in area, 10 per cent of the land or the value of the land, as the case may be; and (b) in the case of land proposed for development or redevelopment that is greater than five hectares in area, 15 per cent of the land or the value of the land, as the case may be. 2022, c. 12, Sched. 5, s. 8. Deemed amendment of by-law (3.4) If a by-law passed under this section requires a conveyance or payment in lieu that exceeds the amount permitted by subsection (3.3), the by-law is deemed to be amended to be consistent with subsection (3.3). 2022, c. 12, Sched. 5, s. 8. Transition (3.5) Subsections (3.3) and (3.4) do not apply to land proposed for development or redevelopment if, before the day subsection 12 (11) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, a building permit has been issued in respect of the development or redevelopment unless the land proposed for development or redevelopment is designated as transit-oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020. 2022, c. 21, Sched. 9, s. 12 (11). Official plan requirement (4) The alternative requirement authorized by subsection (3) may not be provided for in a by-law passed under this section unless there is an official plan in effect in the local municipality that contains specific policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement.  R.S.O. 1990, c. P.13, s. 42 (4). Parks plan (4.1) Before passing a by-law under this section, the local municipality shall prepare and make available to the public a parks plan that examines the need for parkland in the municipality. 2015, c. 26, s. 28 (3); 2022, c. 21, Sched. 9, s. 12 (12). Same (4.2) In preparing the parks plan, the municipality, (a) shall consult with every school board that has jurisdiction in the municipality; and (b) may consult with any other persons or public bodies that the municipality considers appropriate. 2015, c. 26, s. 28 (3). (4.3) Repealed: 2022, c. 21, Sched. 9, s. 12 (13). Application, subss. (4.5) to (4.24) (4.4) Subsections (4.5) to (4.24) apply in respect of a by-law passed under this section or an amendment to such a by-law only if the by-law or amendment provides for the alternative requirement authorized by subsection (3). 2020, c. 18, Sched. 17, s. 2 (4). Notice of by-law and time for appeal (4.5) The clerk of a municipality that has passed a by-law under this section shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 2 (4). Requirements of notice (4.6) Notices required under subsection (4.5) must meet the prescribed requirements and shall be given in accordance with the regulations. 2020, c. 18, Sched. 17, s. 2 (4). Same (4.7) Every notice required under subsection (4.5) must be given not later than 20 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 2 (4). When notice given (4.8) A notice required under subsection (4.5) is deemed to have been given on the prescribed day. 2020, c. 18, Sched. 17, s. 2 (4). Appeal of by-law after passed (4.9) Any person or public body may appeal a by-law passed under this section to the Tribunal by filing with the clerk of the municipality, on or before the last day for appealing the by-law, a notice of appeal setting out the objection to the by-law and the reasons supporting the objection. 2020, c. 18, Sched. 17, s. 2 (4). Clerk’s duty on appeal (4.10) If the clerk of the municipality receives a notice of appeal on or before the last day for appealing a by-law passed under this section, the clerk shall compile a record that includes, (a) a copy of the by-law certified by the clerk; (b) a copy of the parks plan referred to in subsection (4.1), if one exists; (c) an affidavit or declaration certifying that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act; and (d) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed. 2020, c. 18, Sched. 17, s. 2 (4). Same (4.11) The clerk shall forward a copy of the notice of appeal and the record to the Tribunal within 30 days after the last day for appealing the by-law and shall provide such other information or material as the Tribunal may require in respect of the appeal. 2020, c. 18, Sched. 17, s. 2 (4). Affidavit, declaration conclusive evidence (4.12) An affidavit or declaration of the clerk of a municipality that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act is conclusive evidence of the facts stated in the affidavit or declaration. 2020, c. 18, Sched. 17, s. 2 (4). Tribunal hearing of appeal (4.13) The Tribunal shall hold a hearing to deal with any notice of appeal of a by-law passed under this section forwarded by the clerk of a municipality. 2020, c. 18, Sched. 17, s. 2 (4). Notice (4.14) The Tribunal shall determine who shall be given notice of the hearing and in what manner. 2020, c. 18, Sched. 17, s. 2 (4). Powers of Tribunal (4.15) After the hearing, the Tribunal may, (a) dismiss the appeal in whole or in part; (b) order the council of the municipality to amend the by-law as it relates to a requirement under subsection (3) or (6.0.1) in accordance with the Tribunal’s order; or (c) amend the by-law as it relates to a requirement under subsection (3) or (6.0.1) in such manner as the Tribunal may determine. 2020, c. 18, Sched. 17, s. 2 (4). Limitation on powers (4.16) The Tribunal may not amend or order the amendment of a by-law so as to, (a) increase the amount of parkland that will be required to be conveyed or payment in lieu that will be required to be paid in any particular case; (b) add or remove, or reduce the scope of, an exemption provided in the by-law; or (c) change the date, if any, the by-law will expire. 2020, c. 18, Sched. 17, s. 2 (4). Dismissal without hearing (4.17) Despite subsection (4.13), the Tribunal may, where it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal. 2020, c. 18, Sched. 17, s. 2 (4). When Tribunal ordered amendments effective (4.18) The amendment of a by-law passed under this section by the Tribunal, or by the council of a municipality pursuant to an order of the Tribunal, is deemed to have come into force on the day the by-law came into force. 2020, c. 18, Sched. 17, s. 2 (4). Refunds if Tribunal amends by-law, orders amendment (4.19) If the Tribunal amends a by-law passed under this section or orders the council of a municipality to amend a by-law passed under this section, the municipality shall refund, (a) in the case of a development or redevelopment that was subject to a requirement to convey land but not a requirement for a payment in lieu, the difference between the value of the land that was conveyed and the value of the land required to be conveyed under the by-law as amended; (b) in the case of a development or redevelopment that was subject to a requirement for a payment in lieu but not a requirement to convey land, the difference between the payment in lieu that was paid and the payment in lieu required under the by-law as amended; or (c) in the case of a development or redevelopment that was subject both to a requirement for a payment in lieu and to a requirement to convey land, (i) if the amount of land that was conveyed is greater than or equal to the amount of land required to be conveyed under the by-law as amended, the payment in lieu and the difference between the value of the land that was conveyed and the value of the land required to be conveyed under the by-law as amended, or (ii) if the amount of land that was conveyed is less than the amount of land required to be conveyed under the by-law as amended, the difference between the payment in lieu that was paid and the payment in lieu required under the by-law as amended. 2020, c. 18, Sched. 17, s. 2 (4). When refund due (4.20) If a municipality is required to make a refund under subsection (4.19), it shall do so, (a) if the Tribunal amends the by-law, within 30 days after the Tribunal’s order; or (b) if the Tribunal orders the council of the municipality to amend the by-law, within 30 days after the amendment by the council. 2020, c. 18, Sched. 17, s. 2 (4). Interest (4.21) The municipality shall pay interest on an amount it refunds, at a rate not less than the prescribed minimum interest rate, from the day the amount was paid to the municipality or, where land was required to be conveyed, the day the building permit was issued in respect of the development or redevelopment, to the day the amount is refunded. 2020, c. 18, Sched. 17, s. 2 (4). Same, more than one building permit (4.22) If more than one building permit was required for the development or redevelopment in respect of which an amount is being refunded, the municipality shall pay interest, at a rate not less than the prescribed minimum interest rate, from the day the first permit was issued for the development or redevelopment to the day the amount is refunded. 2020, c. 18, Sched. 17, s. 2 (4). Application of specified provisions to by-law amendments (4.23) Subsections (2), (3.1) and (4.5) to (4.22) apply, with necessary modifications, to an amendment to a by-law passed under this section other than an amendment by, or pursuant to an order of, the Tribunal. 2020, c. 18, Sched. 17, s. 2 (4). Limitation of Tribunal powers (4.24) In an appeal of an amendment to a by-law passed under this section, the Tribunal may exercise its powers only in relation to the amendment. 2020, c. 18, Sched. 17, s. 2 (4). Non-application (4.25) For greater certainty, subsections (3.1) and (4.5) to (4.24) do not apply to a by-law passed under this section or an amendment to a by-law passed under this section before the day subsection 2 (5) of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 comes into force. 2020, c. 18, Sched. 17, s. 2 (4). Transition, expiry of by-law (4.26) A by-law passed under this section that is in force on the day subsection 2 (5) of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 comes into force and that provides for the alternative requirement authorized by subsection (3) expires on the specified date for the purposes of section 9.1 of the Development Charges Act, 1997 unless it is repealed earlier. 2020, c. 18, Sched. 17, s. 2 (4). Encumbered land, identification by Minister of Infrastructure (4.27) The Minister of Infrastructure may, by order, identify land as encumbered land for the purposes of subsection (4.28) if, (a) the land is designated as transit-oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020; (b) the land is, (i) part of a parcel of land that abuts one or more other parcels of land on a horizontal plane, (ii) subject to an easement or other restriction, or (iii) encumbered by below grade infrastructure; and (c) in the opinion of the Minister of Infrastructure, the land is capable of being used for park or other public recreational purposes. 2022, c. 12, Sched. 5, s. 8; 2022, c. 21, Sched. 9, s. 12 (14). Same, conveyance of described land (4.28) If land proposed for development or redevelopment includes land identified as encumbered land in an order under subsection (4.27), the encumbered land, (a) shall be conveyed to the local municipality for park or other public recreational purposes; and (b) despite any provision in a by-law passed under this section, shall be deemed to count towards any requirement, set out in the by-law, applicable to the development or redevelopment. 2022, c. 12, Sched. 5, s. 8. Same, non-application of Legislation Act, 2006, Part III (4.29) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (4.27). 2022, c. 12, Sched. 5, s. 8. Note: On a day to be named by proclamation of the Lieutenant Governor, section 42 of the Act is amended by adding the following subsection: (See: 2022, c. 21, Sched. 9, s. 12 (15)) Identification of land re conveyance to municipality (4.30) An owner of land proposed for development or redevelopment may, at any time before a building permit is issued in respect of the development or redevelopment, identify, in accordance with such requirements as may be prescribed, a part of the land that the owner proposes be conveyed to the municipality to satisfy, in whole or in part, a requirement of a by-law passed under this section. 2022, c. 21, Sched. 9, s. 12 (15). Same (4.31) Land identified in accordance with subsection (4.30) may include, (a) land that is, (i) part of a parcel of land that abuts one or more other parcels of land on a horizontal plane, (ii) subject to an easement or other restriction, or (iii) encumbered by below grade infrastructure; or (b) an interest in land other than the fee, which interest is sufficient to allow the land to be used for park or other public recreational purposes. 2022, c. 21, Sched. 9, s. 12 (15). Agreement re interest in land (4.32) If the municipality intends to accept the conveyance of an interest in land described in clause (4.31) (b), the municipality may require the owner of the land to enter into an agreement with the municipality that provides for the land to be used for park or other public recreational purposes. 2022, c. 21, Sched. 9, s. 12 (15). Registration of agreement (4.33) An agreement entered into under subsection (4.32) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. 2022, c. 21, Sched. 9, s. 12 (15). Municipality refuses to accept identified land (4.34) If the municipality has decided to refuse to accept the conveyance of land identified in accordance with subsection (4.30) to satisfy a requirement of a by-law passed under this section, the municipality shall provide notice to the owner in accordance with such requirements as may be prescribed. 2022, c. 21, Sched. 9, s. 12 (15). Appeal (4.35) An owner of land who has received a notice under subsection (4.34) may, within 20 days of the notice being given, appeal the municipality’s refusal to accept the conveyance to the Tribunal by filing with the clerk of the municipality a notice of appeal accompanied by the fee charged by the Tribunal. 2022, c. 21, Sched. 9, s. 12 (15). Record (4.36) If the clerk of the municipality receives a notice of appeal referred to in subsection (4.35) within the time set out in that subsection, the clerk of the municipality shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the record, the notice of appeal and the fee are forwarded to the Tribunal within 15 days after the notice is filed; and (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 2022, c. 21, Sched. 9, s. 12 (15). Hearing (4.37) On an appeal, the Tribunal shall hold a hearing, notice of which shall be given to such persons or public bodies and in such manner as the Tribunal may determine. 2022, c. 21, Sched. 9, s. 12 (15). Order by Tribunal (4.38) The Tribunal shall consider whether the land identified in accordance with subsection (4.30) meets the prescribed criteria and, if it does, the Tribunal shall order that the land, (a) be conveyed to the local municipality for park or other public recreational purposes; and (b) despite any provision in a by-law passed under this section, shall be deemed to count towards any requirement set out in the by-law that is applicable to the development or redevelopment. 2022, c. 21, Sched. 9, s. 12 (15). Same, interest in land (4.39) If the Tribunal orders an interest in land referred to in clause (4.31) (b) to be conveyed to the local municipality under subsection (4.38), the Tribunal may require the owner of the land to enter in an agreement with the municipality that provides for the land to be used for park or other public recreational purposes and subsection (4.33) applies to the agreement with necessary modifications. 2022, c. 21, Sched. 9, s. 12 (15). Use and sale of land (5) Land conveyed to a municipality under this section shall be used for park or other public recreational purposes, but may be sold at any time.  R.S.O. 1990, c. P.13, s. 42 (5). Payment in lieu (6) If a rate authorized by subsection (1) applies, the council may require a payment in lieu, to the value of the land otherwise required to be conveyed. 2015, c. 26, s. 28 (4). Same (6.0.1) If a rate authorized by subsection (3) applies, the council may require a payment in lieu, calculated by using a rate of one hectare for each 1,000 net residential units proposed or such lesser rate as may be specified in the by-law. 2015, c. 26, s. 28 (4); 2022, c. 21, Sched. 9, s. 12 (16). Deemed amendment of by-law (6.0.2) If a by-law passed under this section requires a payment in lieu that exceeds the amount calculated under subsection (6.0.1), in circumstances where the alternative requirement set out in subsection (3) applies, the by-law is deemed to be amended to be consistent with subsection (6.0.1). 2015, c. 26, s. 28 (4). Transition (6.0.3) If, on or before the effective date, in circumstances where the alternative requirement set out in subsection (3) applies, a payment in lieu has been made or arrangements for a payment in lieu that are satisfactory to the council have been made, subsections (6.0.1) and (6.0.2) do not apply. 2015, c. 26, s. 28 (4). Same (6.0.4) Subsection (6.0.1), as it read immediately before the day subsection 12 (17) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, continues to apply to a development or redevelopment if, on that day, in circumstances where the alternative requirement set out in subsection (3) applies, a building permit has been issued in respect of the development or redevelopment. 2022, c. 21, Sched. 9, s. 12 (17). No building without payment (6.1) If a payment is required under subsection (6) or (6.0.1), no person shall construct a building on the land proposed for development or redevelopment unless the payment has been made or arrangements for the payment that are satisfactory to the council have been made.  2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (5). Redevelopment, reduction of payment (6.2) If land in a local municipality is proposed for redevelopment, a part of the land meets sustainability criteria set out in the official plan and the conditions set out in subsection (6.3) are met, the council shall reduce the amount of any payment required under subsection (6) or (6.0.1) by the value of that part.  2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (6). Same (6.3) The conditions mentioned in subsection (6.2) are: 1. The official plan contains policies relating to the reduction of payments required under subsection (6) or (6.0.1). 2. No land is available to be conveyed for park or other public recreational purposes under this section.  2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (7). Determination of value (6.4) For the purposes of subsections (4.19), (6), (6.0.1) and (6.2), the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, as of the day before the day the first permit is issued.  2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (8); 2020, c. 18, Sched. 17, s. 2 (5). Where land conveyed (7) If land has been conveyed or is required to be conveyed to a municipality for park or other public purposes or a payment in lieu has been received by the municipality or is owing to it under this section or a condition imposed under section 51.1 or 53, no additional conveyance or payment in respect of the land subject to the earlier conveyance or payment may be required by a municipality in respect of subsequent development or redevelopment unless, (a) there is a change in the proposed development or redevelopment which would increase the density of development; or (b) land originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes.  1994, c. 23, s. 25; 2015, c. 26, s. 28 (9). Non-application (8) Despite clauses 74.1 (2) (h) and (i), subsection (7) does not apply to land proposed for development or redevelopment if, before this subsection comes into force, the land was subject to a condition that land be conveyed to a municipality for park or other public purposes or that a payment of money in lieu of such conveyance be made under this section or under section 51 or 53.  1994, c. 23, s. 25. Changes (9) If there is a change under clause (7) (a) or (b), the land that has been conveyed or is required to be conveyed or the payment of money that has been received or that is owing, as the case may be, shall be included in determining the amount of land or payment of money in lieu of it that may subsequently be required under this section on the development, further development or redevelopment of the lands or part of them in respect of which the original conveyance or payment was made.  1994, c. 23, s. 25. Disputes (10) In the event of a dispute between a municipality and an owner of land on the value of land determined under subsection (6.4), either party may apply to the Tribunal to have the value determined and the Tribunal shall, in accordance as nearly as may be with the Expropriations Act, determine the value of the land and, if a payment has been made under protest under subsection (12), the Tribunal may order that a refund be made to the owner. 2017, c. 23, Sched. 5, s. 97 (1). Same, refund following appeal if by-law is amended (10.1) In the event of a dispute between a municipality and an owner of land as to the value of land for the purposes of subsection (4.19), (a) the municipality shall pay the owner the amount it considers to be owed under that subsection in accordance with subsection (4.20); and (b) the owner shall, no later than 30 days after receiving payment, apply to the Tribunal to have the value determined for the purpose of that subsection. 2020, c. 18, Sched. 17, s. 2 (6). Same (10.2) An owner of land who applies to the Tribunal under subsection (10.1) shall give notice of the application to the municipality within 15 days after the application is made. 2020, c. 18, Sched. 17, s. 2 (6). Same (10.3) On an application under subsection (10.1), the Tribunal shall, in accordance as nearly as may be with the Expropriations Act, determine the value of the land. 2020, c. 18, Sched. 17, s. 2 (6). Same (11) In the event of a dispute between a municipality and an owner of land as to the amount of land or payment of money that may be required under subsection (9), either party may apply to the Tribunal and the Tribunal shall make a final determination of the matter. 2017, c. 23, Sched. 5, s. 97 (1). Payment under protest (12) If there is a dispute between a municipality and the owner of land under subsection (10), the owner may pay the amount required by the municipality under protest and shall make an application to the Tribunal under subsection (10) within 30 days of the payment of the amount.  1994, c. 23, s. 25; 2017, c. 23, Sched. 5, s. 97 (2). Notice (13) If an owner of land makes a payment under protest and an application to the Tribunal under subsection (12), the owner shall give notice of the application to the municipality within 15 days after the application is made.  1994, c. 23, s. 25; 2017, c. 23, Sched. 5, s. 97 (3). Park purposes (14) The council of a municipality may include in its estimates an amount to be used for the acquisition of land to be used for park or other public recreational purposes and may pay into the fund provided for in subsection (15) that amount, and any person may pay any sum into the same fund.  1994, c. 23, s. 25. Special account (15) All money received by the municipality under subsections (6), (6.0.1) and (14) and all money received on the sale of land under subsection (5), less any amount spent by the municipality out of its general funds in respect of the land, shall be paid into a special account and spent only for the acquisition of land to be used for park or other public recreational purposes, including the erection, improvement or repair of buildings and the acquisition of machinery for park or other public recreational purposes.  1994, c. 23, s. 25; 2009, c. 33, Sched. 21, s. 10 (10); 2015, c. 26, s. 28 (10). Investments (16) The money in the special account may be invested in securities in which the municipality is permitted to invest under the
Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and the earnings derived from the investment of the money shall be paid into the special account, and the auditor in the auditor’s annual report shall report on the activities and status of the account.  1994, c. 23, s. 25; 1996, c. 32, s. 82 (5); 2002, c. 17, Sched. B, s. 15; 2006, c. 32, Sched. C, s. 47 (10). Requirement to spend or allocate monies in special account (16.1) Beginning in 2023 and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in the special account at the beginning of the year. 2022, c. 21, Sched. 9, s. 12 (18). Reports and information (17) A council of a municipality that passes a by-law under this section shall provide the prescribed reports and information to the prescribed persons or classes of persons at such times, in such manner and in accordance with such other requirements as may be prescribed. 2019, c. 9, Sched. 12, s. 12 (9). (18)-(20) Repealed: 2019, c. 9, Sched. 12, s. 12 (9). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 25 - 28/03/1995; 1996, c. 32, s. 82 (5) - 06/03/1997 2002, c. 17, Sched. B, s. 15 - 01/01/2003 2006, c. 23, s. 17 (1, 2) - 01/01/2007; 2006, c. 32, Sched. C, s. 47 (10) - 01/01/2007 2009, c. 33, Sched. 21, s. 10 (10) - 15/12/2009 2015, c. 26, s. 28 (1-11) - 01/07/2016 2017, c. 23, Sched. 5, s. 97 (1-3) - 03/04/2018 2019, c. 9, Sched. 12, s. 12 (1-8) - no effect - see 2020, c. 18, Sched. 17, s. 6 - 21/07/2020; 2019, c. 9, Sched. 12, s. 12 (9) - 18/09/2020; 2019, c. 15, Sched. 31, s. 3 - no effect - see 2020, c. 18, Sched. 17, s. 7 - 21/07/2020 2020, c. 18, Sched. 17, s. 2 (1-6) - 18/09/2020 2022, c. 12, Sched. 5, s. 8 - 14/04/2022; 2022, c. 21, Sched. 9, s. 12 (1, 4-8, 10-14, 16-18) - 28/11/2022; 2022, c. 21, Sched. 9, s. 12 (2, 3, 9, 15) - not in force 2023, c. 10, Sched. 6, s. 10 - 08/06/2023