PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Definitions
37 (1) In this section, “specified date” means the specified date for the purposes of section 9.1 of the Development Charges Act, 1997; (“date précisée”) “valuation date” means, with respect to land that is the subject of development or redevelopment, (a) the day before the day the building permit is issued in respect of the development or redevelopment, or (b) if more than one building permit is required for the development or redevelopment, the day before the day the first permit is issued. (“date d’évaluation”) 2020, c. 18, Sched. 17, s. 1. Community benefits charge by-law (2) The council of a local municipality may by by-law impose community benefits charges against land to pay for the capital costs of facilities, services and matters required because of development or redevelopment in the area to which the by-law applies. 2020, c. 18, Sched. 17, s. 1. What charge can be imposed for (3) A community benefits charge may be imposed only with respect to development or redevelopment that requires, (a) the passing of a zoning by-law or of an amendment to a zoning by-law under section 34; (b) the approval of a minor variance under section 45; (c) a conveyance of land to which a by-law passed under subsection 50 (7) applies; (d) the approval of a plan of subdivision under section 51; (e) a consent under section 53; (f) the approval of a description under section 9 of the Condominium Act, 1998; or (g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure. 2020, c. 18, Sched. 17, s. 1. Excluded development or redevelopment (4) A community benefits charge may not be imposed with respect to, (a) development of a proposed building or structure with fewer than five storeys at or above ground; (b) development of a proposed building or structure with fewer than 10 residential units; (c) redevelopment of an existing building or structure that will have fewer than five storeys at or above ground after the redevelopment; (d) redevelopment that proposes to add fewer than 10 residential units to an existing building or structure; or (e) such types of development or redevelopment as are prescribed. 2020, c. 18, Sched. 17, s. 1. Community benefits charge — relationship to development charge, etc. (5) For greater certainty, nothing in this Act prevents a community benefits charge from being imposed with respect to land for park or other public recreational purposes or with respect to the services listed in subsection 2 (4) of the Development Charges Act, 1997, provided that the capital costs that are intended to be funded by the community benefits charge are not capital costs that are intended to be funded under a development charge by-law or from the special account referred to in subsection 42 (15). 2020, c. 18, Sched. 17, s. 1. In-kind contributions (6) A municipality that has passed a community benefits charge by-law may allow an owner of land to provide to the municipality facilities, services or matters required because of development or redevelopment in the area to which the by-law applies. 2020, c. 18, Sched. 17, s. 1. Notice of value of in-kind contributions (7) Before the owner of land provides facilities, services or matters in accordance with subsection (6), the municipality shall advise the owner of land of the value that will be attributed to them. 2020, c. 18, Sched. 17, s. 1. Agreement re facilities, services or matters (7.1) If the municipality intends to allow an owner of land to provide facilities, services or matters in accordance with subsection (6), the municipality may require the owner to enter into an agreement with the municipality that addresses the provision of the facilities, services or matters. 2022, c. 21, Sched. 9, s. 10 (1). Registration of agreement (7.2) An agreement entered into under subsection (7.1) 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. 10 (1). Deduction of value of in-kind contributions (8) The value attributed under subsection (7) shall be deducted from the amount the owner of land would otherwise be required to pay under the community benefits charge by-law. 2020, c. 18, Sched. 17, s. 1. Community benefits charge strategy (9) Before passing a community benefits charge by-law under subsection (2), the municipality shall prepare a community benefits charge strategy that, (a) identifies the facilities, services and matters that will be funded with community benefits charges; and (b) complies with any prescribed requirements. 2020, c. 18, Sched. 17, s. 1. Consultation (10) In preparing the community benefits charge strategy, the municipality shall consult with such persons and public bodies as the municipality considers appropriate. 2020, c. 18, Sched. 17, s. 1. Commencement of by-law (11) A community benefits charge by-law 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. 1. Limitation (12) Only one community benefits charge by-law may be in effect in a local municipality at a time. 2020, c. 18, Sched. 17, s. 1. Notice of by-law and time for appeal (13) The clerk of a municipality that has passed a community benefits charge by-law 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. 1. Requirements of notice (14) Notices required under subsection (13) must meet the prescribed requirements and shall be given in accordance with the regulations. 2020, c. 18, Sched. 17, s. 1. Same (15) Every notice required under subsection (13) must be given no later than 20 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 1. When notice given (16) A notice required under subsection (13) is deemed to have been given on the prescribed day. 2020, c. 18, Sched. 17, s. 1. Appeal of by-law after passed (17) Any person or public body may appeal a community benefits charge by-law 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. 1. Clerk’s duties on appeal (18) If the clerk of the municipality receives a notice of appeal on or before the last day for appealing a community benefits charge by-law, the clerk shall compile a record that includes, (a) a copy of the by-law certified by the clerk; (b) a copy of the community benefits charge strategy; (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. 1. Same (19) 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. 1. Affidavit, declaration conclusive evidence (20) 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. 1. Tribunal hearing of appeal (21) The Tribunal shall hold a hearing to deal with any notice of appeal of a community benefits charge by-law forwarded by the clerk of a municipality. 2020, c. 18, Sched. 17, s. 1. Notice of hearing (22) The Tribunal shall determine who shall be given notice of the hearing and in what manner. 2020, c. 18, Sched. 17, s. 1. Powers of Tribunal (23) After the hearing, the Tribunal may, (a) dismiss the appeal in whole or in part; (b) order the council of the municipality to repeal or amend the by-law in accordance with the Tribunal’s order; or (c) repeal or amend the by-law in such manner as the Tribunal may determine. 2020, c. 18, Sched. 17, s. 1. Limitation on powers (24) The Tribunal may not amend or order the amendment of a by-law so as to, (a) increase the amount of a community benefits charge that will be payable in any particular case; (b) add or remove, or reduce the scope of, an exemption provided in the by-law; (c) change a provision for the phasing in of community benefits charges in such a way as to make a charge, or part of a charge, payable earlier; or (d) change the date, if any, the by-law will expire. 2020, c. 18, Sched. 17, s. 1. Dismissal without hearing (25) Despite subsection (21), 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. 1. When Tribunal ordered repeals, amendments effective (26) The repeal or amendment of a community benefits charge by-law 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. 1. Refunds if Tribunal repeals by-law, etc. (27) If the Tribunal repeals or amends a community benefits charge by-law, or orders the council of a municipality to repeal or amend a community benefits charge by-law, the municipality shall refund, (a) in the case of a repeal, any community benefits charge paid under the by-law; or (b) in the case of an amendment, the difference between any community benefits charge paid under the by-law and the community benefits charge that would have been payable under the by-law as amended. 2020, c. 18, Sched. 17, s. 1. When refund due (28) If a municipality is required to make a refund under subsection (27), it shall do so, (a) if the Tribunal repeals or amends the by-law, within 30 days after the Tribunal’s order; or (b) if the Tribunal orders the council of the municipality to repeal or amend the by-law, within 30 days after the repeal or amendment by the council. 2020, c. 18, Sched. 17, s. 1. Interest (29) 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 to the day it is refunded. 2020, c. 18, Sched. 17, s. 1. Application of specified provisions to by-law amendments (30) Subsections (9) to (11) and (13) to (29) apply, with necessary modifications, to an amendment to a community benefits charge by-law other than an amendment by, or pursuant to an order of, the Tribunal. 2020, c. 18, Sched. 17, s. 1. Limitation of Tribunal powers (31) In an appeal of an amendment to a community benefits charge by-law, the Tribunal may exercise its powers only in relation to the amendment. 2020, c. 18, Sched. 17, s. 1. Maximum amount of community benefits charge (32) The amount of a community benefits charge payable in any particular case shall not exceed an amount equal to the prescribed percentage of the value of the land, as of the valuation date, multiplied by the ratio of “A” to “B” where, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 37 (32) of the Act is amended by adding “Subject to subsection (32.1),” at the beginning. (See: 2022, c. 21, Sched. 9, s. 10 (2)) “A” is the floor area of any part of a building or structure, which part is proposed to be erected or located as part of the development or redevelopment, and “B” is the floor area of all buildings and structures that will be on the land after the development or redevelopment. 2022, c. 21, Sched. 9, s. 10 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, section 37 of the Act is amended by adding the following subsection: (See: 2022, c. 21, Sched. 9, s. 10 (4)) Discount (32.1) With respect to a development or redevelopment that includes 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 community benefits charge applicable to such a development or redevelopment shall not exceed the amount determined under subsection (32) multiplied by the ratio of A to B where, “A” is the floor area of all buildings that are part of the development or redevelopment minus the floor area of all affordable residential units, attainable residential units and residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the floor area of all buildings that are part of the development or redevelopment. 2022, c. 21, Sched. 9, s. 10 (4). Payment under protest and appraisal provided by owner (33) If the owner of land is of the view that the amount of the community benefits charge exceeds the amount permitted under subsection (32), the owner shall, (a) pay the charge under protest; and (b) within the prescribed time period, provide the municipality with an appraisal of the value of the land as of the valuation date. 2020, c. 18, Sched. 17, s. 1. No appraisal under subs. (33) (b) (34) If an owner of land pays a community benefits charge under protest but does not provide an appraisal in accordance with clause (33) (b), the payment is deemed not to have been made under protest. 2020, c. 18, Sched. 17, s. 1. Appraisal provided by the municipality (35) If the municipality disputes the value of the land identified in the appraisal referred to in clause (33) (b), the municipality shall, within the prescribed time period, provide the owner with an appraisal of the value of the land as of the valuation date. 2020, c. 18, Sched. 17, s. 1. No appraisal under subs. (35) (36) If the municipality does not provide an appraisal in accordance with subsection (35), the municipality shall immediately refund to the owner the difference, if any, between the amount of the community benefits charge imposed by the municipality and the maximum amount determined in accordance with subsection (32) based on the value of the land identified in the appraisal referred to in clause (33) (b). 2020, c. 18, Sched. 17, s. 1. Appraisal under subs. (35) within 5% (37) If the municipality provides an appraisal in accordance with subsection (35) and the value of the land identified in that appraisal is within 5 per cent of the value identified in the appraisal referred to in clause (33) (b), the municipality shall immediately refund to the owner the difference, if any, between the amount of the community benefits charge imposed by the municipality and the maximum amount determined in accordance with subsection (32) based on the value of the land identified in the appraisal referred to in clause (33) (b) or subsection (35), whichever identifies the higher value of the land. 2020, c. 18, Sched. 17, s. 1. Appraisal under subs. (35) not within 5% (38) If the municipality provides an appraisal in accordance with subsection (35) and the value of the land identified in that appraisal is not within 5 per cent of the value identified in the appraisal referred to in clause (33) (b), the municipality shall request that a person selected by the owner from the list referred to in subsection (42) prepare an appraisal of the value of the land as of the valuation date. 2020, c. 18, Sched. 17, s. 1. Time period for appraisal referred to in subs. (38) (39) The municipality shall provide the owner with the appraisal referred to in subsection (38) within the prescribed time period. 2020, c. 18, Sched. 17, s. 1. Appraisal under subs. (38) (40) If an appraisal is prepared in accordance with subsection (38), the municipality shall immediately refund to the owner the difference, if any, between the amount of the community benefits charge imposed by the municipality and the maximum amount determined in accordance with subsection (32) based on the value of the land identified in the appraisal referred to in subsection (38). 2020, c. 18, Sched. 17, s. 1. Non-application of subss. (36), (37) and (40) (41) For greater certainty, a refund is not required under subsection (36), (37) or (40) if the maximum amount determined in accordance with subsection (32), based on the value of the land identified in the applicable appraisal, is greater than the amount of the community benefits charge imposed by the municipality. 2020, c. 18, Sched. 17, s. 1. List of appraisers (42) A municipality that has passed a community benefits charge by-law shall maintain a list of at least three persons who, (a) are not employees of the municipality or members of its council; and (b) have an agreement with the municipality to perform appraisals for the purposes of subsection (38). 2020, c. 18, Sched. 17, s. 1. Same (43) A municipality shall maintain the list referred to in subsection (42) until the later of, (a) the day on which the community benefits charge by-law is repealed; and (b) the day on which there is no longer any refund that is or could be required to be made under subsection (40). 2020, c. 18, Sched. 17, s. 1. No building without payment (44) No person shall construct a building on the land proposed for development or redevelopment unless, (a) the payment required by the community benefits charge by-law has been made or arrangements for the payment that are satisfactory to the council have been made; and (b) any facilities, services or matters being provided in accordance with subsection (6) have been provided or arrangements for their provision that are satisfactory to the council have been made. 2020, c. 18, Sched. 17, s. 1. Special account (45) All money received by the municipality under a community benefits charge by-law shall be paid into a special account. 2020, c. 18, Sched. 17, s. 1. Investments (46) 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. 2020, c. 18, Sched. 17, s. 1. Requirement to spend or allocate monies in special account (47) In each calendar year, 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. 2020, c. 18, Sched. 17, s. 1. Reports and information (48) A council of a municipality that passes a community benefits charge by-law 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. 2020, c. 18, Sched. 17, s. 1. Application of subs. (51) (49) Subsection (51) applies with respect to the following: 1. A special account established in accordance with subsection 37 (5), as it read on the day before section 1 of Schedule 17 to the
COVID-19 Economic Recovery Act, 2020 comes into force. 2. A reserve fund established by a local municipality in accordance with section 33 of the Development Charges Act, 1997 for any service other than the services described in paragraphs 1 to 20 of subsection 2 (4) of the Development Charges Act, 1997. 2020, c. 18, Sched. 17, s. 1. Same, services prescribed under par. 21 of s. 2 (4) of Development Charges Act, 1997 (50) Despite subsection (49), subsection (51) does not apply with respect to a reserve fund established for a service that is prescribed for the purposes of paragraph 21 of subsection 2 (4) of the Development Charges Act, 1997 if the service is prescribed before the earlier of, (a) the day the municipality passes a community benefits charge by-law under subsection (2); and (b) the specified date. 2020, c. 18, Sched. 17, s. 1. Transition respecting special account and reserve fund described in subs. (49) (51) The following rules apply with respect to a special account or reserve fund to which this subsection applies: 1. If the municipality passes a community benefits charge by-law under this section before the specified date, the municipality shall, on the day it passes the by-law, allocate the money in the special account or reserve fund to the special account referred to in subsection (45). 2. If the municipality has not passed a community benefits charge by-law under this section before the specified date, the special account or reserve fund is deemed to be a general capital reserve fund for the same purposes for which the money in the special account or reserve fund was collected. 3. Despite paragraph 2, subsection 417 (4) of the Municipal Act, 2001 and any equivalent provision of, or made under, the City of Toronto Act, 2006 do not apply with respect to the general capital reserve fund referred to in paragraph 2. 4. If paragraph 2 applies and the municipality passes a community benefits charge by-law under this section on or after the specified date, the municipality shall, on the day it passes the by-law, allocate any money remaining in the general capital reserve fund referred to in paragraph 2 to the special account referred to in subsection (45). 2020, c. 18, Sched. 17, s. 1. Credit under s. 38 of Development Charges Act, 1997 (52) If the municipality passes a community benefits charge by-law under this section before the specified date, any credit under section 38 of the Development Charges Act, 1997 that was held as of the day before the day the by-law is passed and that relates to any services other than the services described in paragraphs 1 to 20 of subsection 2 (4) of that Act may be used by the holder of the credit with respect to a community benefits charge that the holder is required to pay under a community benefits charge by-law. 2020, c. 18, Sched. 17, s. 1. Same, services prescribed under par. 21 of s. 2 (4) of Development Charges Act, 1997 (53) Subsection (52) does not apply with respect to a credit that relates to a service that is prescribed for the purposes of paragraph 21 of subsection 2 (4) of the Development Charges Act, 1997 if the service is prescribed before the date the municipality passes the community benefits charge by-law. 2020, c. 18, Sched. 17, s. 1. Regular review of by-law (54) If a community benefits charge by-law is in effect in a local municipality, the municipality shall ensure that a review of the by-law is undertaken to determine the need for a revision of the by-law. 2022, c. 12, Sched. 5, s. 6. Same, consultation (55) In undertaking the review required under subsection (54), the municipality shall consult with such persons and public bodies as the municipality considers appropriate. 2022, c. 12, Sched. 5, s. 6. Resolution re need for revision (56) After conducting a review under subsection (54), the council shall pass a resolution declaring whether a revision to the by-law is needed. 2022, c. 12, Sched. 5, s. 6. Timing of review (57) A resolution under subsection (56) shall be passed at the following times: 1. Within five years after the by-law was first passed. 2. If more than five years have passed since the by-law was first passed, within five years after the previous resolution was passed pursuant to subsection (56). 2022, c. 12, Sched. 5, s. 6. Notice (58) Within 20 days of passing a resolution pursuant to subsection (56), the council shall give notice, on the website of the municipality, of the council’s determination regarding whether a revision to the by-law is needed. 2022, c. 12, Sched. 5, s. 6. Failure to pass resolution (59) If the council does not pass a resolution pursuant to subsection (56) within the relevant time period set out in subsection (57), the by-law shall be deemed to have expired on the day that is five years after the by-law was passed or five years after the previous resolution was passed pursuant to subsection (56), as the case may be. 2022, c. 12, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 27
- 01/07/2016 2019, c. 9, Sched. 12, s. 9 - no effect - see 2020, c. 18, Sched. 17, s. 6 - 21/07/2020; 2019, c. 15, Sched. 31, s. 1 (1, 2) - no effect - see: 2020, c. 18, Sched. 17, s. 7 - 21/07/2020 2020, c. 18, Sched. 17, s. 1 - 18/09/2020 2022, c. 12, Sched. 5, s. 6 - 14/04/2022; 2022, c. 21, Sched. 9, s. 10 (1, 3) - 28/11/2022; 2022, c. 21, Sched. 9, s. 10 (2, 4) - not in force Transitional matters respecting repealed s. 37, etc.